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Patna High Court

Mukesh RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to both petitioners.

Summary

The petitioners Mukesh Rai and Ajay Kumar were arrested in connection with a case registered under sections 25(1‑B)(a), 26 and 35 of the Arms Act, with a live cartridge recovered from each of them and a country‑made pistol recovered from a co‑accused. They filed an application for regular bail, contending that they were falsely implicated, had no prior criminal record, and had been in custody since 25 September 2025, with a charge‑sheet already filed. The State opposed the bail. The Court, after hearing counsel, considered the nature of the allegations, the period of custody, the submission of the charge‑sheet, and the petitioners’ clean antecedent, and decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs 10,000 with two sureties of the same amount, subject to satisfaction of the Additional Chief Judicial Magistrate‑I, Sitamarhi. The order was pronounced by Justice Partha Sarthy.

Issues considered

  • Whether regular bail can be granted to the accused under sections 25(1‑B)(a), 26 and 35 of the Arms Act despite the recovery of live cartridges from their possession.

Legislation cited

Subjects

  • regular bail
  • Arms Act
  • section 25(1-B)(a)
  • section 26
  • section 35
  • false implication
  • no criminal antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.650 of 2026
                    Arising Out of PS. Case No.-369 Year-2025 Thana- MAJORGANJ District- Sitamarhi
                 ======================================================
           1.     Mukesh Rai S/o Aklu Rai R/o Village - Bahera @ Baheda, P.S. - Majorganj,
                  District - Sitamarhi
           2.    Ajay Kumar S/o Binod Rai @ Binod @ Vinod Ray R/o Village - Bahera @
                 Baheda, P.S. - Majorganj, District - Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Santosh Kumar, Advocate
                                                  Mr.Md. Mobassar Ali, Advocate
                 For the Opposite Party/s :       Mr.Akshay Lal Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   15-01-2026                   1. Heard learned counsel for the parties.

                                 2. The petitioners have preferred this application for

                   grant of regular bail in connection with Majorganj P.S. Case

                   no.369 of 2025 registered under sections 25 (1-B)(a), 26 and 35

                   of the Arms Act.

                                 3. As per the prosecution case, one live cartridge each

                   was recovered from the possession of the two petitioners.

                   Besides this, a country-made pistol and one live cartridge was

                   recovered from the possession of a co-accused, who is not a

                   petitioner herein.

                                 4. Learned counsel for the petitioners submits that the

                   petitioners have been falsely implicated in the case. No
             Patna High Court CR. MISC. No.650 of 2026(2) dt.15-01-2026
                                                         2/2




                       incriminating article has been recovered from their possession.

                       They have no criminal antecedent and are in custody since

                       25.9.2025. Charge-sheet has been submitted in the case.

                                    5. The application for bail is opposed by learned A.P.P

                       for the State.

                                    6. Having heard learned counsel for the parties and

                       taking into consideration the allegation against the petitioners in

                       the FIR, the petitioners having remained in custody since

                       25.9.2025, charge-sheet having been submitted in the case and

                       the petitioners not having any criminal antecedent, both the

                       petitioners are directed to be enlarged on bail in connection with

                       Majorganj P.S. Case no.369 of 2025 on each of them furnishing

                       bail bond of        Rs.10,000/- (Rupees Ten Thousand) with two

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

                       Additional Chief Judicial Magistrate-I, Sitamarhi.



                                                   (Partha Sarthy, J)
Shiv/-

U        T


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