Patna High Court
Bimlesh Rai @ Bimlesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner on the condition of a cash bond and sureties, as the prosecution failed to establish a direct link between the petitioner and the seized arms.
Summary
The petitioner, Bimlesh Rai, was arrested in connection with a firing incident and charged under Sections 25(1‑B)a, 26 and 35 of the Arms Act. The prosecution alleged that two country‑made katta and two live cartridges were recovered from the house of the co‑accused, a cousin of the petitioner, and that the petitioner was involved in the offence. The petitioner’s counsel argued that the weapons recovered were not compatible, that nothing incriminating was found on the petitioner, and that the case was motivated by a land dispute; the petitioner had been in custody since 18‑04‑2026 and a charge‑sheet had been filed. The State opposed bail, but the court considered the lack of direct evidence against the petitioner, the period of custody, and the charge‑sheet. The court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and additional personal surety requirements. The bail order was directed to be complied with by the petitioner and the sureties.
Issues considered
- Whether bail should be granted to a person accused under the Arms Act (Sections 25(1‑B)a, 26, 35).
- Whether the absence of direct recovery of arms from the petitioner justifies bail.
- Whether the petitioner is a flight risk or likely to tamper with evidence.
Legislation cited
Subjects
- bail
- Arms Act
- false implication
- land dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44094 of 2026
Arising Out of PS. Case No.-289 Year-2026 Thana- GAURICHAK District- Patna
======================================================
Bimlesh Rai @ Bimlesh Kumar S/o Munna Rai R/o Village- Jujharpur, P.S.-
Gaurichak, District - Patna, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vishal Vikram Rana, Advocate
Ms. Misha Bharti, Advocate
Mr. Utkarksh Vikram Rana, Advocate
Mr. Kumar Saurav Dev, Advocate
Mr. Akash Priye, Advocate
For the Opposite Party/s : Mr.Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Gaurichak P.S. Case No. 289 of 2026
registered for the alleged offences under Sections 25(1-B)a,26
and 35 of the Arms Act.
03. As per prosecution case, police apprehended the
petitioner in connection with some firing incident. At the
instance of the petitioner, recovery of two country made katta
and two live cartridges were made from the house of co-accused
cousin of the petitioner.
Patna High Court CR. MISC. No.44094 of 2026(2) dt.08-07-2026
2/3
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the person
or possession of the petitioner. From the FIR it is clear that the
recovery has been made from the house of co-accused Ranjeet
Rai. The recovered country made katta and the cartridges are not
found compatible and cannot be used with each other. Learned
counsel further submits that the petitioner has been implicated
in this case due to land dispute over ancestral land. The
petitioner is having antecedent of two cases. The petitioner is in
custody since 18.04.2026 and charge sheet has been submitted.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
submission of charge sheet and period of custody of the
petitioner, the petitioner above named is directed to 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
learned ACJM-II, Patna City/concerned Court in connection
with Gaurichak P.S. Case No. 289 of 2026, subject to the
conditions mentioned in Section 480(3) of B.N.S.S. and also the
Patna High Court CR. MISC. No.44094 of 2026(2) dt.08-07-2026
3/3
following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.