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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner on a bond of Rs.10,000 with two sureties, subject to specified conditions.

Summary

The petitioner, Rohit Kumar, was arrested on 16 February 2026 in connection with a theft of a pistol and alleged offences under the Bihar Narcotic Substances Act, 2023 and the Arms Act. The prosecution alleged that the accused entered the informant's house and stole a pistol, and sought to deny bail on the ground of the serious nature of the charges and a prior criminal antecedent. The petitioner contended that he was falsely implicated, that no arms were recovered from his possession, and that only an iron khukhari was found, with the firearms recovered from a co‑accused. The Additional Public Prosecutor opposed bail, citing the prior case, though the petitioner was already on bail in that matter. The High Court, after considering the lack of direct arms evidence against the petitioner and his claim of innocence, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, non‑tampering with evidence, and verification of his criminal antecedent.

Issues considered

  • Whether the petitioner is entitled to bail despite charges under Sections 310(2), 317(3), 317(2) of the Bihar Narcotic Substances Act, 2023 and Sections 25(1‑b)a, 26, 35, 37 of the Arms Act.
  • Whether the alleged possession of arms by the petitioner justifies denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • Bihar Narcotic Substances Act
  • prior criminal antecedent
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40780 of 2026
                       Arising Out of PS. Case No.-105 Year-2026 Thana- MAHUA District- Vaishali
                 ======================================================
                 Rohit Kumar S/o Sanjay Rai Resident of Village- Mangurahi Bajitpur, P.S.
                 -Mahua, District -Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajeev Ranjan No. Ii, Advocate
                 For the Opposite Party/s :       Mr. Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   30-06-2026                  Heard Mr. Rajeev Ranjan No. Ii, learned counsel for

                   the petitioner and Mr. Ganesh Prasad Singh, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   16.02.2026 in connection with Mahua P.S. Case No. 105 of

                   2026, F.I.R. dated 15.02.2026 for the offences punishable under

                   Sections 310(2), 317(3) and 317(2) of the BNS, 2023 and

                   Sections 25(1-b)a, 26, 35 and 37 of the Arms Act.

                               3.     According to prosecution case, all the accused

                   persons including this petitioner have entered into the house of

                   the informant and on the point of pistol they committed theft.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. It appears from the FIR as well as seizure list that
Patna High Court CR. MISC. No.40780 of 2026(2) dt.30-06-2026
                                            2/3




          no arms have been recovered from the possession of the

          petitioner rather only one iron Khukhari has been recovered

          from the possession of the petitioner. In fact, the said arms have

          been recovered from the possession of the co-accused, namely,

          Prince Kumar. Hence, no case is made out under the arms act

          against the petitioner. The petitioner is in custody since

          16.02.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that petitioner carries one criminal antecedent of the

          similar nature other than the present one but fairly submits that

          he is on bail in the said case.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Chief

          Judicial Magistrate, Vaishali at Hajipur in connection with

          Mahua P.S. Case No. 105 of 2026, subject to the following

          conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and
            Patna High Court CR. MISC. No.40780 of 2026(2) dt.30-06-2026
                                                        3/3




                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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