Patna High Court

Raju KumarversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner subject to monetary and procedural conditions.

Summary

The petitioner, Raju Kumar, was arrested in connection with a case under Sections 25(1‑b)a and 26 of the Arms Act after a pistol was recovered from a location where he was apprehended. The petitioner claimed false implication and argued that the incriminating article was not in his conscious possession, also contending non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, emphasizing the seriousness of the offence and the petitioner’s prior criminal antecedents. The Court, considering the facts, the period of custody since 13‑04‑2025, and the lack of clear evidence linking the petitioner to the weapon, decided to grant bail. Bail was conditioned on a bond of Rs. 15,000 with two sureties, one of whom must be a close family member, and on the petitioner’s regular appearance before the trial court.

Issues considered

Whether bail should be granted to the accused in a case under Sections 25(1‑b)a and 26 of the Arms Act.
Whether the prosecution has complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in the investigation.
Whether the presence of the pistol in the vicinity establishes the accused’s conscious possession.

Legislation cited

Arms Act — s. 25(1-b)a, 26
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
Arms Act
Section 25
Section 26
Bharatiya Nagarik Suraksha Sanhita
Section 103
criminal procedure
pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69360 of 2025
                       Arising Out of PS. Case No.-403 Year-2025 Thana- ALAMGANJ District- Patna
                 ======================================================
                 Raju Kumar S/O Rajesh Kumar @ Rajesh Mandal @ Rajesh Mahto Resident
                 of Mohalla- Mirchaia Tola, Police Station- Alamganj, District- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shyam Kumar Chaudhary, Advocate
                 For the Opposite Party/s :       Mr.Pawan Kumar Chaurasia, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   15-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Alamganj P.S. Case No. 403 of 2025 instituted for the offences

                   under Sections 25(1-b)a, 26 of the Arms Act.

                               3. Prosecution case, in short, is that on receiving secret

                   information regarding gathering of miscreants armed with

                   weapon to commit heinous crime, Police personnel reached near

                   Danka Imli. On seeing the Police personnel, some persons tried

                   to flee away, but on chase, petitioner was apprehended sitting on

                   the tampoo and other persons managed to escape from there. On

                   search, a country made pistol was recovered from the Tampoo.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No
Patna High Court CR. MISC. No.69360 of 2025(2) dt.15-01-2026
                                            2/3




          incriminating/looted article has been recovered from the

          conscious possession of the petitioner. Learned counsel further

          submitted that petitioner has got no concern with the country

          made pistol. There is no compliance of Section 103 of the

          Bharatiya Nagarik Suraksha Sanhita, 2023. It has been

          submitted on behalf of the petitioner that the petitioner is in

          custody since 13.04.2025 and has four criminal antecedents.

                      5. Learned A.P.P. 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 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, after framing

          of charge, if not already framed, 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 Alamganj P.S. Case No. 403 of 2025,

          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
           Patna High Court CR. MISC. No.69360 of 2025(2) dt.15-01-2026
                                                       3/3




                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

Continue reading with your account

Checking your session…