Patna High Court

Pappu Ray @ Pappu KumarversusThe State of Bihar

Decided: 19 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner.

Summary

Pappu Ray was arrested in connection with a case under Sections 25(1‑B)(a) and 26 of the Arms Act after police recovered a pistol and live cartridges from a co‑accused’s premises. The petitioner claimed innocence, arguing that his name was linked only to a confessional statement of the co‑accused, that no incriminating material was found in his possession, and that the police had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, citing the seriousness of the offences. Considering the lack of direct evidence, the petitioner’s cooperation with police, his period of custody since 31‑10‑2025, and the statutory non‑compliance, the Court inclined to grant bail. The Court ordered release on bail with a bond of Rs.15,000 and two sureties of the same amount.

Issues considered

Whether the petitioner is entitled to bail despite the seriousness of the offences under the Arms Act.
Whether a confessional statement of a co‑accused can constitute sufficient basis for continued detention.
Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail.

Legislation cited

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

Subjects

bail
Arms Act
confessional statement
Section 103
Bharatiya Nagarik Suraksha Sanhita
criminal procedure
pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7346 of 2026
                       Arising Out of PS. Case No.-413 Year-2025 Thana- MOKAMAH District- Patna
                 ======================================================
                 Pappu Ray @ Pappu Kumar Son of Chamru Ray Resident of Village-
                 Kanhaipur, Ward No. 1, P.S.- Mokama, Dist.- Patna, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kundan Kumar Ojha, Advocate
                                                  Ms. Sadhna Parasher, Advocate
                                                  Mr. Navneet Prabhakar, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-02-2026                           Heard learned counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner seeks bail in connection with

                   Mokama P.S. Case No. 413 of 2025, instituted for the offences

                   punishable under Sections 25(1-B)(a) and 26 of the Arms Act.

                                 3. The prosecution case, in short, is that upon

                   receiving information, the police raided the place of occurrence

                   and made recovery of one country made pistol and two live

                   cartridges from the Dalan of co-accused person.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Charge-sheet has been submitted in this case. No
Patna High Court CR. MISC. No.7346 of 2026(2) dt.19-02-2026
                                            2/3




          incriminating material has been recovered from the conscious

          possession of the petitioner. Learned counsel for the petitioner

          also submitted that the petitioner was not arrested on spot.

          Name of the petitioner has transpired in this case on the basis of

          confessional statement made by co-accused person and the same

          has got no evidentiary value. It is next submitted that the

          petitioner has got no concern with the alleged recovery of arms.

          It is further submitted that the petitioner himself gave

          information to the police about the arms and later on he has

          been arrested on the basis of suspicion. The petitioner is in

          custody since 31.10.2025 and has got one criminal antecedent.

          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 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
             Patna High Court CR. MISC. No.7346 of 2026(2) dt.19-02-2026
                                                         3/3




                       below/concerned Court in connection with Mokama P.S. Case

                       No. 413 of 2025.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

Continue reading with your account

Checking your session…