Patna High Court
Rupesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court inclined to enlarge bail and granted the petitioner bail subject to a bond and sureties.
Summary
The Patna High Court considered a bail application filed by Rupesh Kumar, who was arrested in connection with a case registered under Sections 25(1‑b)a, 26, 27 and 35 of the Arms Act for alleged possession of a pistol and live cartridge and alleged involvement in a murder plot. The prosecution alleged that the weapons were recovered from the petitioner’s house during a search and that he was engaged by Brajesh Kumar to kill Shashi Ranjan Jaiswal. The petitioner contended that he is innocent, that no weapon was actually seized from him, and that the police failed to comply with Section 105 of the Bihar Non‑Police Search and Seizure Act while making the seizure. The State opposed bail, highlighting the petitioner’s two prior criminal cases. After hearing both sides, the Court found that the procedural lapse and lack of clear evidence warranted the grant of bail, subject to a bond and sureties. Consequently, the petitioner was ordered to be released on bail on furnishing a Rs.10,000 bond with two sureties.
Issues considered
- Whether bail should be granted to the accused in a case under the Arms Act involving alleged possession of firearms and a murder conspiracy.
- Whether the seizure of the pistol and cartridge was valid in view of the alleged non‑compliance with Section 105 of the Bihar Non‑Police Search and Seizure Act.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act — s. 25(1‑b)a, 26, 27, 35
- Bihar Non‑Police Search and Seizure Act — s. 105
Subjects
- bail
- Arms Act
- firearm possession
- seizure
- Section 105
- criminal antecedent
- procedural lapse
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38019 of 2026
Arising Out of PS. Case No.-580 Year-2025 Thana- TRIVENIGANJ District- Supaul
======================================================
Rupesh Kumar Son of Shyam Kishor Yadav Resident of village-Bhan Tekthi,
Ward No.-06, P.S.- Madhepura, District-Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pawan Kumar, Advocate.
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Triveniganj P.S. Case No. 580 of 2025 registered for the
offence punishable under Sections 25(1-b)a, 26, 27 and 35 of
the Arms Act.
3. The case of the prosecution, in short, is that one
country-made pistol and one live cartridge were recovered from
the possession of the petitioner. It is further alleged that one
Brajesh Kumar had engaged Sudhanshu Kumar and Rupesh
Kumar to kill the husband of Soni Kumari, namely, Shashi
Ranjan Jaiswal. In connection with the said allegation, the house
of the petitioner was searched, during which the aforesaid
recovery was allegedly made.
Patna High Court CR. MISC. No.38019 of 2026(2) dt.18-06-2026
2/2
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that nothing has been recovered from the
possession of the petitioner. The witnesses of the seizure list are
police personnel and the police has not complied with Section
105 of the BNSS while making the seizure. Moreover, the
petitioner is languishing in judicial custody since 09.01.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of two cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
A.C.J.M.-I, Supaul in connection with Triveniganj P.S. Case No.
580 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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