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Patna High Court

Prabhat RanjanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to monetary bond and conditions of appearance.

Summary

The petitioner, Prabhat Ranjan, was arrested in connection with a case under Sections 25(1‑B)(a), 26 and 35 of the Arms Act for allegedly possessing a country‑made pistol and two live cartridges. He claimed innocence, argued that no incriminating material was found in his conscious possession, and highlighted his three prior criminal antecedents for which he was out on bail. The State opposed bail, but the court considered the length of his custody since 2 September 2025, the lack of direct evidence, and the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Weighing these factors, the court decided to grant bail, subject to a bond of Rs 15,000 with two sureties and conditions regarding family surety and regular appearance in court. The bail order was made effective after framing of charge, if not already done.

Issues considered

  • Whether bail should be granted to the accused under the Arms Act offences (Sections 25(1‑B)(a), 26, 35) given the facts of the case
  • Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail decision
  • Whether the petitioner poses a risk of fleeing or tampering with evidence

Legislation cited

Subjects

  • bail
  • Arms Act
  • criminal procedure
  • pre‑trial detention
  • surety
  • court conditions
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88343 of 2025
                      Arising Out of PS. Case No.-203 Year-2025 Thana- RAHIKA District- Madhubani
                 ======================================================
                 Prabhat Ranjan Son of Ram Chandra Yadav @ Ramchandra Yadav Resident
                 of Village - Ghorbanki Balat, P.S.- Basopatti, District - Madhubani, Bihar.


                                                                                   ... ... Petitioner/s

                                                       Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vikas Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-01-2026                           Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with Rahika

                   P.S. Case No. 203 of 2025, instituted for the offences punishable

                   under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

                                3. The prosecution case, in short, is that there is

                   recovery of one country made pistol along with two live

                   cartridges from the possession of the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. Learned counsel for
Patna High Court CR. MISC. No.88343 of 2025(2) dt.12-01-2026
                                            2/3




          the petitioner also submits that the petitioner has got no concern

          with the alleged recovery of arms. The petitioner is in custody

          since 02.09.2025 and has got three criminal antecedents in

          which he is on bail. There is no compliance of Section 103 of

          the Bharatiya Nagarik Suraksha Sanhita, 2023.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       7. Let the petitioner be released on bail after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the

          like amount each to the satisfaction of Court below/concerned

          Court in connection with Rahika P.S. Case No. 203 of 2025,

          subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the
             Patna High Court CR. MISC. No.88343 of 2025(2) dt.12-01-2026
                                                         3/3




                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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