Patna High Court
Brahamdeo RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted because the petitioner was not caught on the spot and has a clean antecedent.
Summary
The petitioner, Brahamdeo Rai, was charged under Sections 25(1b)a, 26, 35 and 25(ix) of the Arms Act for allegedly forcing an informant to plough his field at gunpoint and for the recovery of a pistol and live cartridges from his house. He contended that he was falsely implicated, was not caught on the spot, and has a clean antecedent. The State opposed his regular bail. The High Court, noting that the petitioner was not apprehended at the scene and has no prior record, allowed the bail application, directing a bond of Rs.10,000 with two sureties and monthly police‑station attendance. The order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused under the Arms Act when he was not caught on the spot and has a clean antecedent
- Whether the seriousness of the alleged offences precludes regular bail
Legislation cited
- Arms Act — s. 25(1b)a, 25(ix), 26, 35
Subjects
- bail
- Arms Act
- criminal procedure
- clean antecedent
- non‑caught‑on‑spot
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42474 of 2026
Arising Out of PS. Case No.-123 Year-2025 Thana- RAGHOPUR District- Vaishali
======================================================
Brahamdeo Rai S/o Ramjeevan Rai @ Ramjivan Ray Resident Of Village -
Bahrampur, Ps- Rustampur, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shivjee Singh, Advocate
For the State : Mr.Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Raghopur P.S. Case No. 123 of 2025 registered for the offence
punishable under Sections 25(1b)a, 26, 35, 25(ix) of the Arms
Act.
3. As per the prosecution case, the petitioner and other
accused persons are alleged to have forcibly ploughed the field
of the informant at gun point. There is also recovery of one
country made pistol and three live cartridges from the house of
the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Learned counsel further submits that the co-accused has
Patna High Court CR. MISC. No.42474 of 2026(2) dt.02-07-2026
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been caught on the spot and he has named the petitioner.
Learned counsel has also submitted that the petitioner was not
caught on the spot rather he had himself appeared before the
learned Court below. The petitioner is in custody since
18.04.2026 having clean antecedent.
5. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
6. Considering the fact that the petitioner was not
caught on the spot as well as the fact that the petitioner has
clean antecedent, this application is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial Magistrate-
XV, Vaishali at Hajipur/ concerned Court below in connection
with Raghopur P.S. Case No. 123 of 2025.
8. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Rustampur Police Station, District-Vaishali on the first and third
Sunday of each month. Any default in appearance at the police
station will result in cancellation of bail bonds of the petitioner.
9. It is, however, clarified that the observations made
Patna High Court CR. MISC. No.42474 of 2026(2) dt.02-07-2026
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herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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