Patna High Court

Rohit SinghversusThe State of Bihar

Decided: 20 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court grants bail to the petitioner.

Summary

Rohit Singh was arrested in connection with an offence under Sections 25(1‑b)a, 26 and 35 of the Arms Act after a co‑accused fired at the SHO and illegal weapons were recovered from a nearby house. The petitioner claims he was falsely implicated, has no possession of the seized arms, and only one prior criminal antecedent. He points out that the co‑accused have already been granted bail and that the charge‑sheet has been filed, while alleging non‑compliance with Section 103 of the BNSS, 2023. The State opposed bail, arguing the seriousness of the arms offences. Considering the petitioner’s custody period, lack of direct recovery from him, parity with co‑accused, and the fact that a charge‑sheet is already filed, the Court inclined to grant bail. Accordingly, the Court ordered his release on bail upon furnishing a bail bond of Rs. 15,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner in an offence under the Arms Act considering the facts of the case and his prior record.

Legislation cited

Arms Act — s. 25(1‑b)a, 26, 35
BNSS, 2023 — s. 103

Subjects

bail
Arms Act
false implication
prior criminal antecedent
Section 103 BNSS
charge sheet
parity

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81617 of 2025
                      Arising Out of PS. Case No.-271 Year-2024 Thana- PASRAHA District- Khagaria
                 ======================================================
                 Rohit Singh S/O Vakil Singh Resident of village- Mahdipur, P.S.- Pasraha,
                 District- Khagaria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Sinha, Advocate
                 For the Opposite Party/s :       Mr. Mithlesh Kumar Khare, SPP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   20-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Pasraha P.S. Case No. 271 of 2024 instituted for the offence

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

                           3.       The prosecution case, in brief, is that on

                   05.11.2024, police reached village Mahdipur on information of

                   murder, where accused Raja Kumar fired at the SHO with a

                   country-made pistol causing head injury and was immediately

                   apprehended. During interrogation, he disclosed that illegal

                   arms were kept at the house of Pintu Singh @ Ajit Singh,

                   whereupon a raid was conducted and other accused fled,

                   abandoning weapons. From the spot, an iron musket                                and
Patna High Court CR. MISC. No.81617 of 2025(3) dt.20-02-2026
                                            2/3




          live .315 bore cartridges were recovered.

                  4.      It has been submitted on behalf of the petitioner

          that the petitioner is in custody since 22.04.2025. Petitioner

          bears one criminal antecedent, as per disclosure made in

          paragraph No. 3 of the bail application.

                  5.      It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. It is submitted that petitioner has no concern with the

          recovered arms. From perusal of the FIR, it would manifest that

          there is no recovery from the petitioner’s possession. Moreover,

          name of the petitioner is disclosed by apprehended co-accused

          person. Learned counsel next submits that police after

          investigation has already submitted charge sheet in this case.

          There is no compliance of Section 103 of the BNSS, 2023.

          Other co-accused has been granted bail by this Court vide order

          dated 28.01.2026, passed in Cr. Misc. No. 3381 of 2026.

                  6.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  7.      Considering the aforesaid facts and circumstances

          of the case, period of custody of the petitioner and claim based

          on parity, this Court is inclined to grant bail to the petitioner.

                  8.      Let the petitioner be released on bail on furnishing
           Patna High Court CR. MISC. No.81617 of 2025(3) dt.20-02-2026
                                                       3/3




                     bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Pasraha P.S. Case

                     No. 271 of 2024.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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