Patna High Court
Rukesh Kumar @ Rakesh Kumar @ Sawan Kumar Saw @ Rukesh Kumar SahversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied because the petitioner’s serious criminal background and the nature of the offences warranted his surrender and arrest.
Summary
The petitioner, a member of an organized criminal gang with six prior convictions, applied for bail in connection with a case registered under Sections 61(2) and 111(3) of the Bharatiya Nyaya Sanhita and Sections 25(1‑b)a, 26 and 35 of the Arms Act. The petitioner feared arrest and cited a self‑inculpatory statement of a co‑accused. The court examined the seriousness of the allegations, the petitioner’s criminal antecedents, and the risk of tampering with evidence. Considering these factors, the judge was not inclined to grant bail. Consequently, the bail application was dismissed, and the petitioner was ordered to surrender within two weeks and to apply for regular bail, with the Superintendent of Police directed to effect the arrest.
Issues considered
- Whether bail should be granted to a petitioner with multiple criminal antecedents and involvement in an organized criminal gang under the cited provisions of the Bharatiya Nyaya Sanhita and the Arms Act
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nyaya Sanhita — s. 111(3), 61(2)
Subjects
- bail
- criminal procedure
- arms act
- organized crime
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88020 of 2025
Arising Out of PS. Case No.-385 Year-2025 Thana- DHAKA District- East Champaran
======================================================
Rukesh Kumar @ Rakesh Kumar @ Sawan Kumar Saw @ Rukesh Kumar
Sah
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharda Nand Mishra, Advocate
For the State : Mr.Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Dhaka P.S. Case No. 385 of 2025 instituted under
Sections 61(2) and 111(3) of the Bharatiya Nyaya Sanhita and
Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. The petitioner is the member of an organized
criminal gang and has six criminal antecedent. His name has
come in the self-inculpatory statement of the co-accused.
4. Considering the allegation and the antecedent, I
am not inclined to grant bail to the petitioner.
5. Accordingly, the application stands dismissed.
6. The petitioner is directed to surrender within two
weeks from today and pray for regular bail, failing which the
Patna High Court CR. MISC. No.88020 of 2025(2) dt.15-01-2026
2/2
Superintendent of Police, East Champaran, Motihari will take
all steps for arrest of the petitioner.
7. Let a copy of this order be communicated to the
Superintendent of Police, East Champaran, Motihari through
FAX or e-mail for its compliance.
(Sandeep Kumar, J)
P. Kumar
U T
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