Patna High Court
Rahul Kumar @ RiderversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 25(1-b)a, 26, 27
- B.N.S., 2023 — s. 105, 109, 121(1), 132, 262
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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