Patna High Court
Prabhat RanjanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Arms Act, 1959 — s. 25(1-B)(a), 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
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
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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
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bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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