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Patna High Court

Rakesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Rakesh Kumar, was arrested in connection with a case registered under sections 25(1‑b)(a), 26 and 35 of the Arms Act for allegedly possessing a country‑made pistol and three live cartridges. The prosecution alleged that the weapon and ammunition were recovered from his possession, while the petitioner contended that he is innocent, that no independent witness corroborated the seizure and that the police failed to comply with Section 105 of the B.N.S.S. while preparing the seizure list. He further pointed out that he has six prior criminal cases but has been in judicial custody only since 19‑07‑2025. The State opposed the bail application. After hearing both sides and considering the procedural lapse and the fact that the petitioner is not a flight risk, the Court granted regular bail on a bond of Rs 10,000 with two sureties. The order directs his release in connection with Madhepur P.S. Case No. 114 of 2025.

Issues considered

  • Whether bail should be granted in a case involving offences under sections 25(1‑b)(a), 26 and 35 of the Arms Act.
  • Whether the alleged non‑compliance with Section 105 of the B.N.S.S. in preparing the seizure list warrants bail.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • possession of illegal weapon
  • procedural lapse
  • seizure list
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74618 of 2025
                    Arising Out of PS. Case No.-114 Year-2025 Thana- MADHEPUR District- Madhubani
                 ======================================================
                 Rakesh Kumar S/o Sri Ram Udgar Yadav @ Ramu Udgar Yadav R/o Village -
                 Jhingwa, Ward No. 10, P.S - Marauna, District - Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Prabhas Ranjan, Advocate
                 For the Opposite Party/s :      Mr. Zainul Abedin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   16-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 25(1-b)a, 26

                   and 35 of the Arms Act.

                                3. The case of the prosecution is that from the

                   possession of this petitioner, one country made pistol along with

                   three live cartridge was recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that the nothing has

                   been recovered from the possession of the petitioner rather his

                   name has been framed in this case as he is having criminal

                   antecedent of six cases. There is no independent witness of the
            Patna High Court CR. MISC. No.74618 of 2025(3) dt.16-01-2026
                                                        2/2




                      seizure list rather they are police personnel. Police has not

                      followed Section 105 of B.N.S.S. while preparing seizure list.

                      Moreover, he is languishing in judicial custody since

                      19.07.2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer for bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Madhepur P.S. Case No. 114 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned C.J.M., Jhanjharpur,

                      Madhubani.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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