Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 25(1-b)a, 26, 35, 37
- Bihar Narcotic Substances Act, 2023 — s. 310(2), 317(2), 317(3)
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
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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
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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/-
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