Patna High Court
Rahul Kumar @ Rahul Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted, subject to bond and conditions, as the circumstances did not justify continued detention.
Summary
Petitioner Rahul Kumar Yadav was arrested on suspicion of planning a dacoity and for alleged possession of a country-made pistol and live cartridges, under Sections 310(4), 310(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑b)A, 26, 35 of the Arms Act. He contended that he was falsely implicated, that no incriminating article was found in his conscious possession, and that procedural requirements under Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 were not complied with. The State opposed bail, citing the seriousness of the offences and the petitioner’s two prior criminal antecedents. The High Court, after considering the facts, the period of custody since 04‑09‑2025, and the lack of direct evidence linking the arms to the petitioner, inclined to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties and conditions regarding family surety and mandatory court appearances.
Issues considered
- Whether bail should be granted to the petitioner accused of dacoity and offences under the Arms Act despite the seriousness of the charges and his prior criminal antecedents.
Legislation cited
- Arms Act — s. 25(1-b)A, 26, 35
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 310(4), 310(5)
Subjects
- bail
- dacoity
- Arms Act
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarika Suraksha Sanhita
- high court
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83308 of 2025
Arising Out of PS. Case No.-452 Year-2025 Thana- MAHARAJGANJ District- Siwan
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Rahul Kumar @ Rahul Kumar Yadav S/o- Late Umesh Yadav @ Late Umesh
Kumar Yadav R/v- Mahuari Ps- Maharajganj Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Thakur, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Maharajganj P.S. Case No. 452 of 2025, instituted for the
offences under Sections 310(4), 310(5) of the Bharatiya Nyaya
Sanhita, 2023 and Section 25(1-b)A, 26, 35 of the Arms Act.
3. Prosecution case, in short, is that police received
secret information that petitioner along with other accused
persons are preparing to commit dacoity. In the meanwhile,
police personnel reached there and apprehended the petitioner
including four other miscreants. On search, country pistol and
live cartridges were recovered.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.83308 of 2025(4) dt.11-03-2026
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petitioner has falsely been implicated in the present case.
Learned counsel further submitted that as per FIR, one loaded
country-made pistol has been recovered from the petitioner.
Learned counsel further contended that no incriminating article
has been recovered from the conscious possession of the
petitioner. Petitioner has no concern with the recovered arms
and ammunitions. It has been submitted on behalf of the
petitioner that the petitioner is in custody since 04.09.2025 and
has two 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. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Maharajganj P.S.
Case No. 452 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
Patna High Court CR. MISC. No.83308 of 2025(4) dt.11-03-2026
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(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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