Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
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
- Arms Act — s. 25(1-B)(a), 26
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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