Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 25(1-B)(a), 26, 35
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
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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
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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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