Patna High Court

Rahul KumarversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: ANIL KUMAR SINHA

Holding

Anticipatory bail is granted to the petitioner under Section 438(2) of the CrPC.

Summary

The petitioner, Rahul Kumar, a 19‑year‑old with no criminal record, applied for anticipatory bail in a case involving alleged offences under Sections 399 and 402 of the IPC and Sections 25(1‑b)a, 26 and 35 of the Arms Act. The FIR alleged that he was named by co‑accused who had been arrested with a pistol, cartridge and knife. The petitioner contended that the allegations were false and that he was falsely implicated. The court considered his young age, clean antecedent and the nature of the accusations, and found no compelling reason to deny bail. Consequently, the court granted anticipatory bail, directing that if arrested within four weeks he may be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner despite the serious nature of the alleged offences under the IPC and Arms Act
Whether the petitioner’s age and lack of prior criminal record warrant the grant of anticipatory bail

Legislation cited

Arms Act — s. 25(1-b)a, 26, 35
BNSS, 2023 — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 399, 402

Subjects

anticipatory bail
Section 438 CrPC
IPC offences
Arms Act
age of accused
no criminal antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.56899 of 2025
                   Arising Out of PS. Case No.-110 Year-2022 Thana- MAHINDWARA District- Sitamarhi
                 ======================================================
                 Rahul Kumar S/O Binda Pandey Resident of Village- Maran, P.S.- Belsand,
                 Dist- Sitamarhi.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ashok Kumar Jha
                 For the Opposite Party/s :      Mr. Navin Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   17-02-2026                     1. Heard learned Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                   2. This application, for grant of anticipatory bail,

                   arises out of Mahindwara Police Station Case No. 110 of 2022,

                   disclosing offences under Sections 399, 402 of the Indian Penal

                   Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

                                   3. As per the FIR, the police got the information

                   that some miscreants have assembled near Korlahiya Maharani

                   Asthan, where Shivam, along with four to five unknown

                   persons, was present and they were preparing to commit crime.

                   Upon such information, police reached at the place of

                   occurrence and arrested Shivam Kumar and Bhawan Kumar,

                   and from their possession, one country-made pistol, cartridge,

                   and knife were recovered. The petitioner and others succeeded
Patna High Court CR. MISC. No.56899 of 2025(2) dt.17-02-2026
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          in fleeing away. The arrested accused persons disclosed the

          name of the petitioner and others who succeeded in fleeing

          away.

                          4. Learned counsel for the petitioner submits that

          the petitioner has falsely been implicated in this case on the

          basis of statement made by the arrested co-accused persons.

          Petitioner is aged about nineteen years having no criminal

          antecedent.

                          5. Having regard to the submissions made on

          behalf of the parties and taking into consideration the fact that

          the petitioner is having no criminal antecedent and he is of

          tender age of nineteen years, I am inclined to grant the petitioner

          privilege of anticipatory bail.

                          6. This application is, accordingly, allowed.

                          7. Let the petitioner, above named, in the event of

          his arrest or surrender before the Court below within four

          weeks, be released on bail on furnishing bail bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Judicial Magistrate, 1st Class,

          Sitamarhi, in connection with Mahindwara Police Station Case

          No. 110 of 2022, subject to the condition laid down under

          Section 438 (2) of the Code of Criminal Procedure/Section
           Patna High Court CR. MISC. No.56899 of 2025(2) dt.17-02-2026
                                                       3/3




                     482(2) of the BNSS, 2023.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U      T

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