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Patna High Court

Brahamdeo RaiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied anticipatory bail to the petitioner.

Summary

Brahamdeo Rai applied for anticipatory bail in a case alleging offences under the Arms Act, including illegal possession of a pistol and cartridges recovered from his house. The prosecution alleged that he forcibly ploughed disputed land at gunpoint and brandished a weapon, a video of which went viral. No counsel appeared for the petitioner, while the State was represented by Ms. Suman Kumari Singh. The court examined the FIR, seizure list, and the fact that the firearm was recovered from the petitioner’s residence. Considering the seriousness of the allegations and the material evidence, the judge was not inclined to grant anticipatory bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged possession and use of an illegal firearm under the Arms Act.

Legislation cited

  • Arms Act — s. 25(1-b)a, 25(ix), 26, 35

Subjects

  • anticipatory bail
  • Arms Act
  • illegal firearm
  • bail denial
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87148 of 2025
                     Arising Out of PS. Case No.-123 Year-2025 Thana- RAGHOPUR District- Vaishali
                 ======================================================
                 Brahamdeo Rai Son of Ramjeevan Rai @ Ramjivan Ray Resident Of Village
                 -Bahrampur, Ps- Rustampur, Diist -Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       None
                 For the Opposite Party/s :       Ms. Suman Kumari Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   19-03-2026                   No-one appears for the petitioner. However, learned

                   counsel for the State is present.

                                2. This application, for grant of anticipatory bail,

                   arises out of Raghopur (Rustampur) Police Station Case No. 123

                   of 2025, disclosing offences under Sections 25(1-b)a, 26, 35,

                   25(ix) of the Arms Act.

                                3. The prosecution case, as per the First Information

                   Report, is that on 14.05.2025, during the night, the police party

                   got secret information that on 13.05.2025, the petitioner had

                   forcibly ploughed the disputed land at gunpoint and had also

                   brandished a weapon, a video of which is stated to have gone

                   viral. The police reached at the place of occurrence and

                   recovered one country-made pistol and three live cartridges of
           Patna High Court CR. MISC. No.87148 of 2025(3) dt.19-03-2026
                                                       2/2




                     8MM K.F from the house of the petitioner. However, the

                     petitioner managed to escape and was not apprehended.

                                  4. Learned counsel for the State submits that in the

                     First Information Report and the seizure list, there is specific

                     allegation that the firearm was recovered from the house of the

                     petitioner. The video of the the petitioner brandishing the

                     weapon was also viral.

                                   5. Regards being had to the submissions made by

                     learned counsel for the State and taking into consideration the

                     materials available on record and the fact that illegal firearm has

                     been recovered from the house of the petitioner, I am not

                     inclined to grant the petitioner privilege of anticipatory bail.

                                  6. Accordingly, the prayer for bail, is rejected.



                                              (Anil Kumar Sinha, J)
Siwani/-

U      T


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