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Patna High Court

Rajendra SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner with specified conditions.

Summary

The petitioner, Rajendra Singh, was arrested in connection with a case under Sections 25(1‑b)a, 26 and 35 of the Arms Act after a pistol and cartridges were recovered. He claimed false implication, stating no incriminating article was found in his conscious possession and cited that a co‑accused had previously been granted bail. The State opposed bail, while the petitioner highlighted non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. After considering the facts, the court decided to grant bail, imposing a bond of Rs.10,000 with two sureties and several conditions regarding appearance, non‑tampering with evidence, and jurisdiction. The bail order was issued subject to cancellation if conditions are violated.

Issues considered

  • Whether bail should be granted to the petitioner under the Arms Act offences.
  • Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the bail application.

Legislation cited

Subjects

  • bail
  • Arms Act
  • Section 103
  • Bharatiya Nagarika Suraksha Sanhita
  • criminal procedure
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78714 of 2025
                       Arising Out of PS. Case No.-146 Year-2024 Thana- MALI District- Aurangabad
                 ======================================================
                 Rajendra Singh S/o Late Arjun Singh R/o Village - Sori, P.S - Mali, District -
                 Aurangabad, Bihar
                                                                             ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Kumari Chandna, Advocate
                 For the Opposite Party/s :        Mr.Raj Ballabh Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   06-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                                 2. The petitioner seeks bail in connection with Mali

                   P.S. Case No. 146 of 2024 instituted for the offences under

                   Sections 25(1-b)a, 26, 35 of the Arms Act.

                                 3. As per the F.I.R., one country-made pistol and eight

                   live cartridges have been recovered from the possession of the

                   petitioner.

                                 4. Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. Learned counsel further submitted

                   that petitioner has got no concern with the recovered arms and

                   ammunitions. Chargesheet has been submitted in this case.
Patna High Court CR. MISC. No.78714 of 2025(3) dt.06-02-2026
                                             2/3




          Learned counsel for the petitioner further submits that other co-

          accused has been granted bail by this Court vide order dated

          13.02.2025 passed in Cr. Misc. No. 6667 of 2025. It has been

          submitted on behalf of the petitioner that the petitioner is in

          custody since 02.08.2024 and has 16 criminal antecedents.

          There is no compliance of Section 103 of the Bharatiya

          Nagarika Suraksha Sanhita, 2023.

                        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 on furnishing

          bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

          the    like     amount      each     to    the       satisfaction   of   Court

          below/concerned Court in connection with Mali P.S. Case No.

          146 of 2024, subject to the following conditions:

                        (I) One of the bailors shall be the petitioner’s own or

          close member.

                        (II) The petitioner shall appear on each and every date

          fixed during the trial and shall not remain absent on two

          consecutive dates without sufficient cause.
           Patna High Court CR. MISC. No.78714 of 2025(3) dt.06-02-2026
                                                       3/3




                                   (III) The petitioner shall not tamper with the

                     prosecution evidence or influence/intimidate any witness during

                     the course of trial.

                                   (IV) The Petitioner shall not commit offence of a

                     similar nature in future.

                                   (V) The Petitioner shall not leave the territorial

                     jurisdiction of the learned court below without prior permission

                     of the court concerned.

                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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