Patna High Court

Raju Kumar @ Raju KushwahaversusThe State of Bihar

Decided: 7 May 2026
Disposal: BAIL REJECTED
Bench: ANSUL

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Raju Kumar, was arrested in Sitamarhi for possession of a loaded country-made pistol, four live cartridges, and 35.6 grams of heroin, alleged to violate Sections 25(1‑B)a/26 of the Arms Act and Sections 8 and 21 of the NDPS Act. He also faces sixteen other criminal cases. He applied for bail before the Patna High Court. The court considered the seriousness of the offences and the fact that the petitioner is already an accused in numerous cases. Concluding that the circumstances did not warrant release, the court rejected the bail application, directing that the petitioner may re‑apply after six months if the trial remains pending. The order reflects the court's discretion to deny bail where the risk of flight or interference with investigation is deemed high.

Issues considered

Whether bail should be granted to an accused facing charges under the Arms Act and NDPS Act while also being involved in sixteen other criminal cases

Legislation cited

Arms Act — s. 25(1-B)a, 26
NDPS Act — s. 21, 8

Subjects

bail
Arms Act
NDPS Act
possession of illegal weapon
possession of narcotics
multiple charges
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85774 of 2025
                     Arising out of PS. Case No.-256 Year-2025 Thana- SITAMARHI District- Sitamarhi
                 ======================================================
                 Raju Kumar @ Raju Kushwaha S/o Late Suresh Kushwaha @ Suresh Singh
                 Resident of Village- Ramnagra, P.S.- Riga, Distt.- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Krishna Prabhat, Advocate
                 For the Opposite Party/s :        Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

4   07-05-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner seeks bail in Sitamarhi P.S. Case No.

                   256 of 2026 registered for the offences punishable under

                   Sections 25(1-B)a/26 of Arms Act and Sections 8 and 21 of

                   NDPS Act.

                               3. The allegation is that one loaded country-made

                   pistol, four live cartridges, 35.6 grams of smack was recovered

                   from the possession of the petitioner.

                               4. Considering that the petitioner is accused in sixteen

                   cases, this Court is not inclined to grant bail to the petitioner.

                                5. Accordingly, the prayer for bail of the

                   petitioner is rejected.

                                6. The petitioner may renew his prayer for
                     Patna High Court CR. MISC. No.85774 of 2025(4) dt.07-05-2026
                                        2/2




           bail after six months if the trial is not concluded.



                                        (Ansul, J)
Vikash/-

U      T

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