Patna High Court
Navin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to both petitioners subject to specified conditions.
Summary
The petitioners, Navin Kumar and Rajiv Ranjan Raushan, were arrested on 22 September 2025 in connection with a case involving the alleged recovery of a country-made pistol and live cartridges, charged under Sections 25(1‑B)(a), 26 and 35 of the Arms Act. They contended that they were falsely implicated, arguing that the seized weapon was recovered from a co‑accused, Ravindra Kumar Singh, and that no incriminating article was found in their possession. The State opposed bail, highlighting that petitioner‑1 has three other pending cases and petitioner‑2 has seven, although both are already on bail in those matters. The court noted the lack of direct evidence against the petitioners and the fact that the co‑accused had already been granted bail by a coordinate bench. Consequently, the court ordered bail for each petitioner on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, non‑tampering with evidence or witnesses, and verification of criminal antecedents. The bail order was made without delay for verification purposes.
Issues considered
- Whether bail should be granted to the accused under the Arms Act when the alleged weapon was recovered from a co‑accused and not from the petitioners themselves.
- Whether non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances (Suppression) Act, 2023, impacts the grant of bail.
- Whether the petitioners' prior criminal cases and existing bail status affect the decision to grant bail in the present case.
Legislation cited
- Arms Act, 1959 — s. 25(1-B)(a), 26, 35
Subjects
- bail
- Arms Act
- false implication
- co‑accused
- criminal antecedent
- conditions of bail
- Section 103 B.N.S.S.
- Section 105 B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6487 of 2026
Arising Out of PS. Case No.-421 Year-2025 Thana- RAJNAGAR District- Madhubani
======================================================
1. Navin Kumar Son of Vikramdeo Yadav Resident of village-Mainatol,P S-
Khajauli, Distt-Madhubani
2. Rajiv Ranjan Raushan son of Mukesh Chaudhary Resident of village-
Khajauli Market ,PS-Khajauli, Distt-Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Pallavi, Advocate
For the State : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 25-03-2026 Heard Ms. Kumari Pallavi, learned counsel for the
petitioners and Mr. Anish Chandra, learned APP for the State.
2. Petitioners seek bail, who are in custody since
22.09.2025, in connection with Rajnagar P.S. Case No. 421 of
2025, F.I.R. dated 21.09.2025 registered for the offences
punishable under Sections 25(1-B) (a), 26, 35 of the Arms Act.
3. The case relates to recovery of one country made
pistol along with live cartridges.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and they have been falsely implicated in
the present case. It appears from the F.I.R. as well as seizure list
that nothing incriminating article has been recovered from the
Patna High Court CR. MISC. No.6487 of 2026(4) dt.25-03-2026
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possession of the petitioners and the arms and ammunition has
been recovered from the possession of co-accused person
namely, Ravindra Kumar Singh and petitioners have been made
accused merely on the ground that the petitioners were present
along with co-accused person. He further submits that there is
non compliance of Sections 103 and 105 of the B.N.S.S., 2023
and co-accused person, namely, Ravindra Kumar Singh from
whose possession the arms and ammunition has been recovered
has been granted bail by a Coordinate Bench of this Court vide
order dated 26.02.2026 passed in Cr. Misc. No. 5805 of 2026.
He further submits that the police after investigation submitted
chargesheet against the petitioners and the petitioners are in
custody since 22.09.2025.
5. Learned Additional Public Prosecutor for the State,
on the other hand, has vehemently opposed the prayer for bail
of the petitioners and submits that the petitioner no. 1 carries
three more cases and petitioner no. 2 carries seven more cases
other than the present one but fairly submits on the basis of
paragraph-3 of the bail petition that the petitioners are on bail in
the pending matters.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
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possession of the petitioners and co-accused person has been
granted bail by a Coordinate Bench of this Court, let the
petitioners, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of learned
I/C C.J.M., Madhubani in connection with Rajnagar P.S. Case
No. 421 of 2025, subject to the following conditions :-
(1) Petitioners shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on their absence on two consecutive dates without
sufficient reason, their bail bonds shall be cancelled by the
Court below.
(2) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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