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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner, subject to specified conditions.

Summary

The petitioner, Rahul Kumar, was arrested for alleged possession of two loaded pistols and empty magazines under Sections 25(1‑B)(a), 26 and 35 of the Arms Act. He claimed innocence, a clean antecedent, and offered to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed bail. The Patna High Court, after considering the custody period and submissions, allowed the bail application, directing release on a bail bond of Rs.10,000 with two sureties, subject to conditions including a Rs.25,000 deposit with Ramakrishna Math, monthly attendance at the police station, and verification of antecedents. The court clarified that its observations were prima facie and not to influence the trial. The bail was granted with the stipulated conditions.

Issues considered

  • Whether regular bail should be granted to an accused under the Arms Act for possession of loaded firearms.
  • Whether the conditions imposed (monetary deposit, sureties, monthly police attendance, antecedent verification) are appropriate for bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • possession of firearms
  • regular bail
  • court conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39654 of 2026
                       Arising Out of PS. Case No.-219 Year-2025 Thana- MANSI District- Khagaria
                 ======================================================
                 Rahul Kumar S/o Ghanshyam Yadav R/o Village- Tikrampr Bhim tola, P.S-
                 Muffasil, Dist- Munger .

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjan Kumar Singh
                 For the Opposite Party/s :       Mr. Upendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-07-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The present application has been filed seeking

                   regular bail in connection with Mansi P.S. Case No. 219 of

                   2025, registered for offences punishable under Sections 25(1-B)

                   (a), 26 and 35 of the Arms Act.

                                3. As per the prosecution case, the allegation against

                   the petitioner is that, during the search, he was found in

                   conscious possession of two loaded pistols along with two

                   empty magazines. The petitioner is in custody since 10.09.2025

                   and claims clean antecedent.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence; rather,

                   he has been falsely implicated in the present case. It is further
Patna High Court CR. MISC. No.39654 of 2026(2) dt.07-07-2026
                                            2/3




          submitted that the petitioner undertakes to donate a sum of Rs.

          25,000/- (Rupees Twenty-Five Thousand only) to a charitable

          organization, without prejudice to his defence and without

          admitting guilt.

                       5. Learned APP for the State has opposed the prayer

          for bail.

                       6. Having considered the facts and circumstances of

          the case, the period of custody, and the submissions advanced

          on behalf of the parties, the application for bail is allowed.

                       7. Accordingly, the petitioner is directed to be released

          on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten

          Thousand only) with two sureties of the like amount each to the

          satisfaction of the learned Court concerned where the case is

          pending/successor court in connection with Mansi P.S. Case No.

          219 of 2025, subject to the following conditions:

                                       (I). The petitioner shall deposit a sum of
                          Rs. 25,000/- (Rupees Twenty-Five Thousand only)
                          with Ramakrishna Math, Bhatta Bazar, Purnea,
                          Bihar, and shall produce a valid receipt thereof
                          before the court below. The bail bonds shall be
                          accepted only after verification of the genuineness
                          of the said receipt.

                                       (ii). The petitioner shall mark his
                          attendance at Muffasil Police Station, Munger on
            Patna High Court CR. MISC. No.39654 of 2026(2) dt.07-07-2026
                                                        3/3




                                      every 1st Sunday of each month. In the event of
                                      default, the bail bonds shall be liable to be
                                      cancelled.

                                                   (iii). At the time of acceptance of bail
                                      bonds, the court below shall verify the antecedents
                                      of the petitioner. The bail bonds shall be accepted
                                      only upon confirmation that the petitioner has no
                                      criminal antecedent. However, such verification
                                      shall not be used as a ground to unnecessarily
                                      delay acceptance of the bail bonds.



                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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