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Patna High Court

KESHAV KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail must be granted to the petitioners, subject to monetary bond, sureties and conditions, pending verification of any additional criminal antecedent.

Summary

The petitioners, Keshav Kumar and Harshit Kumar, were charged under Sections 25(1‑B)a, 26 and 35 of the Arms Act in connection with a firearm recovered during a raid on a poultry farm. The prosecution’s case relied mainly on the confession of a co‑accused who named the petitioners, with no incriminating material recovered from them. The petitioners argued that they were falsely implicated, had already been granted bail in a related case, and that the charge sheet contained no substantive evidence linking them to the offence. The State opposed the bail application. The High Court, noting the vague nature of the allegations, the lack of material evidence, and the petitioners’ pending bail in the related case, ordered their release on bail subject to a Rs 10,000 bond, two sureties, and conditions under Section 480(3) of the Bihar Negotiable Instruments Act, pending verification of any further criminal antecedent.

Issues considered

  • Whether bail should be granted to the petitioners when the case against them is based solely on a co‑accused’s confession.
  • Whether the absence of recovered incriminating articles from the petitioners justifies denial of bail.
  • Whether the petitioners’ criminal antecedent warrants refusal of bail under the Arms Act.

Legislation cited

Subjects

  • bail
  • Arms Act
  • section 25
  • section 26
  • section 35
  • co‑accused confession
  • criminal antecedent
  • High Court
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78838 of 2025
                       Arising Out of PS. Case No.-156 Year-2025 Thana- RAJGIR District- Nalanda
                 ======================================================
           1.     Keshav Kumar, S/O Late Sanjay Kumar Singh @ Late Sanjay Singh
           2.    Harshit Kumar, S/o Late Uday Singh @ Late Uday Kumar
                 Both are residents of village - Naipokhar, P.S.- Rajgir, District- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vikas Kumar, Advocate
                 For the Opposite Party/s :       Mr.Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   17-01-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. In the present case, the petitioners seek bail in

                   connection with Rajgir P.S. Case No. 156 of 2025, registered for

                   the offence under Sections 25(1-B)a, 26 & 35 of the Arms Act.

                                3. As per prosecution case, while investigating Rajgir

                   P.S. Case No. 151 of 2025, a raid was conducted on the poultry

                   farm of co-accused Saurabh Kumar @ Mamu and recovery of

                   one automatic pistol with the magazine and two live cartridges

                   were made. The apprehended co-accused named the petitioners

                   and other co-accused persons, who were involved in the crime

                   committed in Rajgir P.S Case No. 151 of 2025 in which one

                   person was shot dead and the firearm used in the said case was
Patna High Court CR. MISC. No.78838 of 2025(3) dt.17-01-2026
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          hidden in the poultry farm.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have been falsely implicated in this

          case. In Rajgir P.S. Case No. 151 of 2025, the petitioners have

          been granted bail by the learned Coordinate Bench of this Court

          vide order dated 12.12.2025 passed in Cr. Misc. No. 58673 of

          2025. From the FIR, it is apparent that no recovery of any

          incriminating article has been made from the petitioners, who

          have been made accused in this case merely on confessional

          statement of co-accused. There is no substantive material to

          connect the petitioners with any of the offences. The petitioners

          are in custody since 03.06.2025. Similarly placed co-accused

          Hariom Kumar has been granted bail by the learned Coordinate

          Bench of this Court vide order dated 03.12.2025 passed in Cr.

          Misc. No. 83350 of 2025. The petitioners are having criminal

          antecedent of one case (Rajgir P.S. Case No. 151 of 2025) and

          they are on bail in that case. The charge sheet has been

          submitted.

                       5. Learned A.P.P. vehemently opposes the submission

          made on behalf of the petitioners.

                       6. Having regard to the fact and circumstances and

          submission made on behalf of the parties and considering the
Patna High Court CR. MISC. No.78838 of 2025(3) dt.17-01-2026
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          completely vague nature of allegation against the petitioners and

          further considering the submission of charge sheet and period of

          custody of the petitioners, they are directed to be released on

          bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten

          Thousand Only) each with two sureties of the like amount each

          to the satisfaction of learned Additional Sessions Judge-IV-cum-

          Special Judge (POCSO), Biharsharif/concerned court, in

          connection with Rajgir P.S. Case No. 156 of 2025, subject to the

          conditions mentioned in Section 480 (3) of BNSS and also the

          following conditions :

                                  (i) One of the bailors will be a close

                                  relative of the petitioners.

                                  (ii) The petitioners will remain present on

                                  each and every date fixed by the below, if

                                  so required by the learned trial court.

                                  (iii) In case of absence on three

                                  consecutive dates or in violation of the

                                  terms of the bail, the bail bond of the

                                  petitioners will be liable to be cancelled

                                  by the court concerned.

                      7. However, before accepting the bail bonds of the

          petitioners, the learned court below is directed to verify the
           Patna High Court CR. MISC. No.78838 of 2025(3) dt.17-01-2026
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                     criminal antecedent of the petitioners. If it is found that the

                     petitioners have criminal antecedent of other than those

                     mentioned in their submissions, then their bail bonds would not

                     be accepted.



                                                        (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


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