Patna High Court
Rupesh Kumar @ KanhaiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Rupesh Kumar, was arrested in connection with a case under Sections 25(1‑B)A and 26 of the Arms Act, with a pistol and cartridges recovered. He had been in custody since 17‑06‑2024 and faced 14 other cases, but claimed innocence and that he was on bail in all other matters. The petitioner applied for bail, arguing false implication, while the State opposed. The High Court considered the facts, the seriousness of the offence, and the petitioner's claim of innocence, and decided to grant bail. He was released on a bail bond of Rs.10,000 with two sureties who must be close relatives, and was directed to attend the police station every Sunday and cooperate with the trial, with non‑compliance leading to cancellation of bail.
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 despite the seriousness of the offence and multiple pending cases.
Legislation cited
- Arms Act — s. 25(1‑B)A, 26
Subjects
- bail
- Arms Act
- criminal procedure
- surety
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74889 of 2025
Arising Out of PS. Case No.-27 Year-2024 Thana- Chakia District- Begusarai
======================================================
Rupesh Kumar @ Kanhaiya S/O Dinesh Kumar Singh @ Dinesh Singh @
Dinesh Kumar Roy R/O Vill.- Simariya Simaria, Ward No. 01, P.S.- Chakiya,
Dist.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shubhesh Pandey
For the Opposite Party/s : Mr.Uday Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Chakia P.S. Case No. 27 of 2024 registered for the offence
under Sections 25(1-B)A, 26 of the Arms Act.
3. As per the prosecution case, there is recovery of
country made pistol and five cartridges from the petitioner. The
petitioner is in jail since 17.06.2024 and he is accused in 14
more cases.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and he has falsely been implicated in
this case. He further submits that the petitioner is on bail in all
the cases registered against him except the present case.
5. Considering the aforesaid facts, this application
Patna High Court CR. MISC. No.74889 of 2025(3) dt.11-02-2026
2/2
is allowed.
6. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court of Judicial Magistrate, 1 st Class,
Begusarai/concerned Court below in connection with Chakiya
P.S. Case No. 27 of 2024, subject to the condition that both the
bailors should be close relatives of the petitioner.
7. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Chakiya Police Station on every Sunday of each month. Any
default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
8. As a condition of this order, the petitioner, after
being released on bail, is directed to co-operate in the trial either
by appearing personally or through his lawyer in the trial Court
on each and every date fixed by the trial Court. Non-compliance
of the condition will result in cancellation of the bail bonds of
the petitioner.
(Sandeep Kumar, J)
Vikas/-
U
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