Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act, 1959 — s. 25(1-b)(a), 26, 35
- B.N.S.S. — s. 105
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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