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Patna High Court

Chandan RajbharversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court dismissed the bail application, refusing regular bail to the petitioner.

Summary

The petitioner, Chandan Rajbhar, was charged under Sections 25(1‑b)a and 26 of the Arms Act for possession of two country‑made pistols recovered from him. He contended that he was falsely implicated, noted that he has a prior criminal case for which he is on bail, and has been in custody since 28‑12‑2025. He applied for regular bail, undertaking to cooperate with the trial. The State, represented by an Additional Public Prosecutor, opposed the bail on the ground of the recovered firearms. The Patna High Court, after considering the seriousness of the arms offence and the recovery of the pistols, declined to grant bail, dismissing the application while allowing the petitioner to re‑apply if the trial is unduly delayed.

Issues considered

  • Whether bail should be granted to an accused under Sections 25(1‑b)a and 26 of the Arms Act when firearms have been recovered from his possession.
  • Whether the petitioner’s prior criminal antecedent and current custody affect the grant of bail.
  • Whether a delay in the trial by the prosecution would justify the grant of bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • illegal possession of firearms
  • criminal antecedent
  • trial delay

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41515 of 2026
                        Arising Out of PS. Case No.-397 Year-2025 Thana- RAJPUR District- Buxar
                 ======================================================
                 Chandan Rajbhar S/O Ramkishor Rajbhar @ Ram Kishor Ray Resident of
                 Village- Mangarao, Hathua, Hitwarajpur, Police Station- Rajpur, District-
                 Buxar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajiv Ranjan Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr.Kanhiya Kishor, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   25-06-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 25(1-b)a and 26 of Arms

                   Act.

                                3. As per the prosecution case, it is alleged that two

                   country-made pistols were recovered from the possession of the

                   petitioner, who is stated to be a dreaded criminal of the locality.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the case.                     Learned

                   counsel further submits that he has one criminal antecedent in

                   which he is on bail and he is in custody since 28.12.2025. The

                   petitioner undertakes to co-operate in the case/ trial.
              Patna High Court CR. MISC. No.41515 of 2026(2) dt.25-06-2026
                                                          2/2




                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     6. Considering the recovery of two country-made

                        pistols from the petitioner, this Court is not inclined to grant bail

                        to the petitioner.

                                     7. Accordingly, this application stands dismissed with

                        liberty to the petitioner to renew his prayer for bail, if the trial is

                        delayed by the prosecution.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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