Patna High Court
Rajeev DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to cash bond, sureties and specific conditions.
Summary
Petitioner Rajeev Das was arrested in connection with a case involving alleged possession of a country‑made pistol and live cartridges, charged under IPC sections 412 and 34 and several provisions of the Arms Act. The prosecution’s case relied on the recovery of the weapon from co‑accused and their confessional statements, with no incriminating material found on the petitioner’s person. The petitioner argued innocence, lack of direct evidence, and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, while noting that a co‑accused had already been granted bail. The State opposed bail. Considering the absence of material against the petitioner, the period of custody already served, and the principle of parity, the Court granted bail subject to a cash bond, sureties, and conditions regarding appearance and future conduct.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the IPC and Arms Act.
- Whether the confessional statements of co‑accused provide sufficient basis to deny bail.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail decision.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Indian Penal Code — s. 34, 412
Subjects
- bail
- IPC
- Arms Act
- confessional statements
- criminal antecedents
- Section 103
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6580 of 2026
Arising Out of PS. Case No.-82 Year-2024 Thana- CHHAURADANO District- East
Champaran
======================================================
Rajeev Das Son of Bisheshar Das @ Bishsher Das R/o Village - Madhopur
Tola @ Madhopur, Ward no. -5, P.S. - Bathnaha, Dist.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar, Advocate
For the Opposite Party/s : Mr.Ganesh Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Chhauradano P.S. Case No. 82 of 2024, instituted for the
offences punishable under Sections 412/34 of the Indian Penal
Code & Sections 25(1-B)(a), 26, 27 and 35 of the Arms Act.
3. The prosecution case, in short, is that, there is
recovery of one country made pistol and three live cartridges
from the possession of co-accused persons, named in the F.I.R.,
including the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel for
Patna High Court CR. MISC. No.6580 of 2026(2) dt.30-01-2026
2/3
the petitioner also submits that the petitioner was not arrested on
spot rather name of the petitioner has transpired in this case on
the basis of confessional statement made by co-accused persons
and the same has got no evidentiary value. It is further
submitted that no any recovery of arms have been made from
the possession of the petitioner. Learned counsel for the
petitioner further submits that other co-accused has been granted
bail by this Court vide order dated 21.07.2025 passed in Cr.
Misc. No. 44613 of 2025. The petitioner is in custody since
20.12.2024 and has got four criminal antecedents. There is no
compliance of Section 103 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also claim based on parity and taking into account
the period of custody undergone by the petitioner, this Court is
inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Chhauradano P.S.
Patna High Court CR. MISC. No.6580 of 2026(2) dt.30-01-2026
3/3
Case No. 82 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner is found involved in similar
nature of offence in future, the Trial Court will have the liberty
to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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