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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail may be granted as the investigation is complete and bail will not affect the prosecution.

Summary

Petitioner Rahul Kumar was arrested under sections 25(1‑B)(a) and 26 of the Arms Act and has been in custody since 4 September 2025. He applied for regular bail, contending that the investigation was complete, that a prior criminal case was pending where he was already on bail, and that the police’s claim of recovering a firearm from his possession was fabricated. The State opposed the bail. The Court noted the lengthy custody, the completion of investigation, and that the alleged firearm recovery had occurred before police involvement, concluding that granting bail would not prejudice the prosecution. Accordingly, the Court ordered his release on bail upon furnishing a bond of Rs 20,000 with two sureties of the same amount. The petition was disposed by granting bail.

Issues considered

  • Whether regular bail should be granted to the petitioner under sections 25(1‑B)(a) and 26 of the Arms Act given the completed investigation and alleged facts of firearm recovery.

Legislation cited

Subjects

  • regular bail
  • Arms Act
  • investigation completed
  • firearm recovery
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86069 of 2025
                   Arising Out of PS. Case No.-121 Year-2025 Thana- SAHARGHAT District- Madhubani
                 ======================================================
                 Rahul Kumar Son of Mohan Mehta R/o Village - Saharghat,Ward no.2, P.S.
                 -Saharghat, Distt. - Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Devendra Kumar, Adv.
                 For the Opposite Party/s :      Mr. Pranav Kumar, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   09-01-2026                     Heard Mr. Devendra Kumar, learned counsel for the

                   petitioner and Mr. Pranav Kumar, learned APP for the State.

                                2. Petitioner seeks regular bail in connection with

                   Saharghat P.S. Case No. 121 of 2025 dated 03.09.2025

                   registered for the offences punishable under sections 25 (1-B)

                   (a), 26 of the Arms Act.

                                3. The main submissions advanced by the petitioner’s

                   counsel are that petitioner has been languishing in jail since

                   04.09.2025 and against him investigation has been completed,

                   though against the petitioner, there is criminal antecedent of one

                   case in which he is on bail and the prosecution’s claim regarding

                   the recovery of firearms from the possession of the petitioner

                   has been falsely fabricated by the police as the petitioner denied

                   to fulfill the illegal demand of the police.
            Patna High Court CR. MISC. No.86069 of 2025(2) dt.09-01-2026
                                                        2/2




                                   4. Learned APP for the State has opposed the bail

                      prayer of the petitioner.

                                   5. Considering the petitioner’s custody period and

                      completion of investigation against him and mainly the fact that

                      the recovery of alleged firearm is said to have been made before

                      the police, so, the release of the petitioner on bail at this stage

                      will not affect the prosecution in any manner, this court is

                      inclined to release the petitioner on bail. Accordingly, let the

                      petitioner named-above be released on bail on furnishing bail

                      bond of Rs.20,000/- (Rupees Twenty Thousand) with two

                      sureties of the like amount each to the satisfaction of the Court

                      concerned in connection with Saharghat P.S. Case No. 121 of

                      2025.


                                                (Shailendra Singh, J)

siddharthkr/-

U       T


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