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Patna High Court

Rahul Kumar @ RiderversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner on condition of a Rs.10,000 bond with two sureties.

Summary

Rahul Kumar was arrested in connection with a case registered under Sections 109, 132, 121(1), 262 of the B.N.S., 2023 and Sections 25(1‑b)a, 26 and 27 of the Arms Act, after a pistol and live cartridges were allegedly recovered from his possession. The petitioner claimed he was falsely implicated, that the police forced a confession in another case, and that the seizure was not made in compliance with Section 105 of the B.N.S. He also highlighted his prolonged judicial custody since 17‑06‑2025. The State opposed bail, citing four prior criminal cases against the petitioner. After hearing both sides, the Court found merit in the petitioner's contentions and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur.

Issues considered

  • Whether bail should be granted despite the seriousness of the offences charged under the B.N.S., 2023 and the Arms Act.
  • Whether procedural irregularities in seizure and alleged forced confession justify granting bail.
  • Whether the petitioner’s prior criminal antecedents preclude bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • seizure
  • forced confession
  • Arms Act
  • B.N.S. 2023
  • procedural lapse
  • antecedent cases

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6238 of 2026
                     Arising Out of PS. Case No.-302 Year-2025 Thana- SARAIYA District- Muzaffarpur
                 ======================================================
                 Rahul Kumar @ Rider Son of Late Manoj Mahto Resident of Village -
                 Mungauli, P.S.- Saraiya, Dist.- Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shankar Paswan, Advocate.
                 For the Opposite Party/s :        Mrs. Madhuri Lata, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   14-05-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Saraiya P.S. Case No. 302 of 2025 registered for the

                   offence punishable under Sections 109, 132, 121(1), 262 of the

                   B.N.S., 2023 and Sections 25(1-b)a, 26 and 27 of the Arms Act.

                                3. The case of the prosecution, in short, is that from

                   the possession of the petitioner, one country-made pistol and

                   two live cartridges were recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that the police has forcefully recorded his

                   confession as well. It has further been submitted that nothing
           Patna High Court CR. MISC. No.6238 of 2026(4) dt.14-05-2026
                                                       2/2




                     has been recovered from the possession of the petitioner. The

                     witnesses of the seizure list are police personnel and the police

                     have not complied with Section 105 of the BNSS while making

                     the seizure. He further submits that after apprehending the

                     petitioner, police has extracted a confessional statement in

                     different case. Moreover, the petitioner is languishing in judicial

                     custody since 17.06.2025.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner has criminal

                     antecedent of four cases.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned Chief

                     Judicial Magistrate, Muzaffarpur in connection with Saraiya P.S.

                     Case No. 302 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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