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Patna High Court

Rakesh KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the petitioner’s involvement in illegal arms possession and prior criminal record justified rejection of the bail application.

Summary

The petitioner, Rakesh Kumar, sought anticipatory bail after fearing arrest in a case registered under Sections 25(1‑B)a and 26 of the Arms Act, alleging that illegal foreign‑made pistols and ammunition were recovered from his house. The prosecution contended that the weapons were indeed seized from his residence and that he has a prior criminal record. The petitioner claimed innocence, asserting that he was falsely implicated due to village politics. The State opposed the bail, emphasizing the recovery of illegal arms and the petitioner’s antecedent. The Court, after considering the recovery of weapons and the criminal antecedent, rejected the petition for anticipatory bail. Consequently, the petitioner’s request for bail was denied.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of illegal arms recovery and prior criminal antecedent?

Legislation cited

Subjects

  • anticipatory bail
  • Arms Act
  • illegal weapons
  • criminal antecedent
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6142 of 2026
                      Arising Out of PS. Case No.-66 Year-2025 Thana- DHARHARA District- Munger
                 ======================================================
                 Rakesh Kumar Son of Binod Yadav Resident of Village- Badi, Govindpur,
                 P.S.- Dharhra, District- Munger

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Mr. Jyoti Ranjan Jha, Advocate
                 For the State           :       Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   04-02-2026                   Heard Mr. Jyoti Ranjan Jha, learned counsel

                   appearing on behalf of the petitioner and Mr. Umeshanand

                   Pandit, learned APP appearing on behalf of the State.

                                 2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 25(1-B)a

                   and 26 of the Arms Act.

                                 3. As per prosecution case, one illegal country made

                   pistol and ammunition were recovered from the house of this

                   petitioner.

                                 4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. Petitioner has falsely been implicated in

                   this case due to village politics.

                                 5. On the other hand, learned A.P.P. for the State has
             Patna High Court CR. MISC. No.6142 of 2026(2) dt.04-02-2026
                                                         2/2




                       vehemently opposed the prayer for grant of anticipatory bail to

                       the petitioner and submitted that petitioner is named in the F.I.R.

                       and illegal arm and ammunition were recovered from the house

                       of this petitioner. Petitioner has got one criminal antecedent.

                                    6. Considering the facts and circumstances of the

                       case, fact that illegal arm and ammunition were recovered from

                       house of this petitioner and criminal antecedent of the petitioner,

                       the prayer for grant of anticipatory bail to the petitioner is

                       rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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