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Patna High Court

Rajesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners are entitled to bail in the present case.

Summary

Petitioners Rajesh Kumar and Abhishek Kumar were arrested in connection with a case involving alleged possession of a mobile phone, SIM cards, and a country‑made pistol, charged under Sections 310(4) and 310(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑Ba), 26 and 35 of the Arms Act. They contended that the seized items were not in their conscious possession, the seizure list lacked their signatures, and a similarly situated co‑accused had been granted bail. The petitioners also highlighted their lack of criminal antecedents and prolonged custody since 29 August 2025. The State opposed bail. After considering the submissions, the Court ordered that bail be granted on the condition of a Rs 10,000 bond with two sureties for each petitioner, and the application was allowed.

Issues considered

  • Whether bail should be granted to the accused under the offences charged under the Bharatiya Nyaya Sanhita and the Arms Act.
  • Whether the absence of the petitioners' signatures on the seizure list and the grant of bail to a co‑accused justify bail in this case.
  • Whether the petitioners' lack of prior criminal record and prolonged pre‑trial detention warrant bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • Bharatiya Nyaya Sanhita
  • seizure list
  • pre‑trial detention
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.59 of 2026
                   Arising Out of PS. Case No.-258 Year-2025 Thana- RAJEPUR District- East Champaran
                 ======================================================
           1.     Rajesh Kumar, aged about 22 years (Male), S/O Sakaldev Bhagat,
           2.    Abhishek Kumar, aged about 25 years (Male), S/O Umesh Prasad,
                 Both resident of Village- Kanakati, P.S.- Mehsi, Distt- East Champaran.
                                                                              ... ... Petitioner/s

                                                       Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Satyendra Narayan Singh, Advocate
                 For the Opposite Party/s :       Mr. Tapeshwar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioners seek bail in connection with

                   Rajepur PS Case No.258 of 2025 dated 29.08.2025, instituted

                   for the offence punishable under Sections 310(4), 310(5) of the

                   Bharatiya Nyaya Sanhita, 2023, and Sections 25(1-B)a, 26, 35

                   of the Arms Act.

                                3. The allegation against the petitioners is that one

                   mobile having SIM No.7904772539 was recovered from the

                   possession of the petitioner no.1 while one countrymade pistol

                   without magazine and one mobile having SIM No.7050084022

                   was recovered from the possession of the petitioner no.2.

                                4. Learned counsel for the petitioners submits that the
            Patna High Court CR. MISC. No.59 of 2026(2) dt.15-01-2026
                                                        2/2




                      petitioners are innocent and they have been falsely implicated.

                      Nothing incriminating has been recovered from their conscious

                      possession. Further submission is that there is no signature of

                      the petitioners on the seizure list which creates doubt about the

                      veracity of the seizure list. It is also submitted that similarly

                      situated co-accused Raja Kumar has been granted bail by a co-

                      ordinate Bench of this Court vide order dated 08.01.2026 passed

                      in Cr. Misc. No.88946 of 2025.Lastly, it is submitted that the

                      petitioners are in custody since 29.08.2025 having no criminal

                      antecedents.

                                   5. Learned APP has opposed the prayer for bail.

                                   6. Having considered the facts and circumstances of

                      the case and submissions of learned counsel for the parties, let

                      the petitioners be released on bail upon furnishing bail bonds of

                      Rs. 10,000/- (ten thousand) each with two sureties of the like

                      amount each to the satisfaction of the CJM, Motihari, in Rajepur

                      PS Case No.258 of 2025.

                                   7. The application stands allowed.


                                                                   (Khatim Reza, J)
J. Alam/-

U      T


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