Patna High Court
Rakesh Kumar @ RockyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner with specified conditions.
Summary
The petitioner, Rakesh Kumar, sought anticipatory bail fearing arrest in a case involving alleged illegal arms trading, with charges under Sections 111 and 318(4) of the Bharatiya Nyaya Sanhita and Sections 25(1‑b)a, 26 and 35 of the Arms Act. The FIR named other accused, and a police seizure recovered live cartridges and a license book, but the petitioner was not originally named; his name emerged only through telephone contacts with a co‑accused. He asserted that no arms were found in his possession, he did not own the seized vehicle, and he had no involvement in the alleged offence. The State opposed the bail application. The Court, considering the circumstances, granted anticipatory bail, directing that if arrested within eight weeks the petitioner be released on a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the serious nature of the arms‑related allegations
- Whether the petitioner’s alleged telephonic contact with a co‑accused suffices to justify denial of bail
- Whether conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are applicable
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 111, 318(4)
Subjects
- anticipatory bail
- arms trafficking
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82511 of 2025
Arising Out of PS. Case No.-112 Year-2025 Thana- HAJIPUR RAIL P.S. District- Saran
======================================================
Rakesh Kumar @ Rocky S/o Girdhari Sah R/o Village - Salimnagar, P.S -
Maheshkhunt, District - Khagaria, (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Kumar, Advocate
For the Opposite Party/s : Mr. Binod Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 111, 318(4) of the
Bharatiya Nyaya Sanhita and Section 25(1-b)a, 26, 35 of Arms
Act.
3. It is alleged that all the F.I.R. named accused
persons were involved in illegal trading of arms and
ammunition. On 11.7.25, a car was seized by the police officials
and upon its search, 70 live cartridges and license book of a
dead person was recovered.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
is not named in the F.I.R. and his name transpired during course
of investigation, wherein, it was found that this petitioner had
Patna High Court CR. MISC. No.82511 of 2025(2) dt.05-01-2026
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several times telephonic conversation with co-accused Sona
Babu. No arms and ammunition have been recovered from
possession of this petitioner and he has got no concern with the
alleged recovery. Petitioner is not owner of the seized vehicle.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case and nature of
accusation, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Railway J.M. Sonpur Saran
Patna in connection with Hajipur P. S. Case No. 112 of 2025,
subject to condition as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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