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Patna High Court

Rakesh Kumar @ RockyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                          2/2




                        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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