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Patna High Court

Subodh Rajak @ Subodh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to a bond and conditions under the B.N.S.S., 2023.

Summary

Subodh Rajak sought relief fearing arrest in a case under the Arms Act where police, acting on a raid at co-accused Amit Kumar’s house, recovered an unregistered motorcycle, two country‑made pistols and live cartridges. Amit Kumar’s statements implicated Rajak as a member of a criminal syndicate, but no weapon or ammunition was found on Rajak’s possession and he has no prior record. The petitioner argued innocence and that the only basis for his implication was the co‑accused’s disclosure. The State opposed bail, contending the seriousness of the offences. The High Court, after considering the lack of direct material against the petitioner, granted anticipatory bail subject to a bond of Rs 30,000 and conditions under the Bihar Negotiable Instruments (Security) Act, 2023. The order directs release if arrested or surrendered within four weeks, pending trial.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Sections 25(1‑b)a, 26 and 35 of the Arms Act when the only evidence against him is the co‑accused’s testimony.
  • Whether the absence of any seized weapon or ammunition from the petitioner’s possession justifies bail.

Legislation cited

Subjects

  • anticipatory bail
  • Arms Act
  • co‑accused testimony
  • bail conditions
  • criminal syndicate

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5054 of 2026
                      Arising Out of PS. Case No.-213 Year-2025 Thana- KATORIYA District- Banka
                 ======================================================
                 Subodh Rajak @ Subodh Kumar Son of Prakash Rajak R/o Village - Gangta,
                 P.S. - Bounsi, District - Banka.

                                                                                  ... ... Petitioner/s

                                                       Versus

                 The State of Bihar

                                                                            ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Brij Nandan Prasad, Advocate
                 For the Opposite Party/s :      Mr. Ashok Kumar Singh, A.P.P
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   04-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Katoriya P.S. Case No. 213 of 2025 lodged on 05.07.2025,

                   for the offence punishable under Section 25(1-b)a, 26 & 35 of

                   the Arms Act.

                                3. As per the prosecution, it has been alleged in the

                   FIR that on 05.07.2025, the police officials after getting secret

                   information conducted a raid at accused Amit Kumar’s house

                   and found a pulsar motorcycle which has no registration plate.

                   After the enquiry, the accused Amit Kumar disclosed the name
Patna High Court CR. MISC. No.5054 of 2026(2) dt.04-02-2026
                                            2/3




          of the petitioner with other accused persons about the criminal

          syndicate in which petitioner is one of the gang member. The

          recovery of two country made pistols and 5 live cartridges have

          been made by the police officials, which is the subject matter of

          the present case.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          submits that the name of petitioner has figured in this case on

          the basis of disclosure of co-accused. He submits that neither

          any arm nor ammunition has been recovered from the

          petitioner’s possession and no material has come against the

          petitioner. Counsel further submits that the petitioner has no

          criminal antecedent.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner, but submits that no recovery has been

          made from the petitioner’s possession.

                       6. As such, in the present facts and circumstances of

          this case, let the above named petitioner be released on

          anticipatory bail, in the event of arrest or surrender before the

          Trial Court within a period of 4 weeks from today, on furnishing

          bail bond of Rs.30,000/- (Rupees Thirty Thousand) as

          mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
             Patna High Court CR. MISC. No.5054 of 2026(2) dt.04-02-2026
                                                         3/3




                       satisfaction of Chief Judicial Magistrate, Banka, in connection

                       with Katoriya P.S. Case No. 213 of 2025, subject to the

                       conditions as laid down U/s 482(2) of the B.N.S.S., 2023.



                                                                     (Dr. Anshuman, J)
Divyansh/-

U      T


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