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Patna High Court

Brahamdeo RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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