Patna High Court
Rakesh GiriversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was denied.
Summary
The petitioner, Rakesh Giri, applied for regular bail in a case registered under sections 25(1‑B)(a) and 26 of the Arms Act, alleging possession of a foreign‑made pistol and live cartridges. He has been in custody since 3 April 2025 and is also charged in fourteen other criminal matters. The court examined the seriousness of the arms offence and the fact that the petitioner faces multiple pending cases. Considering the nature of the allegation and the extensive criminal history, the judge was not inclined to grant bail. The application was therefore rejected, with the court clarifying that no view was taken on the merits of the underlying offence.
Issues considered
- Whether regular bail should be granted to a person accused under sections 25(1‑B)(a) and 26 of the Arms Act, taking into account the seriousness of the alleged offence and the existence of multiple other criminal charges.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26
Subjects
- regular bail
- Arms Act
- possession of firearm
- multiple criminal charges
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8931 of 2026
Arising Out of PS. Case No.-140 Year-2025 Thana- MADANPUR District- Aurangabad
======================================================
Rakesh Giri Son of Janardhan Giri Resident of village - Ankoraha, P.S.-
NTPC Khaira, District – Aurangabad.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Rahul Rathour, Advocate
For the Opposite Party : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 28-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in
connection with Madanpur P.S. Case No.140 of 2025 registered
for the offence under sections 25(1-B)(a) and 26 of the Arms
Act.
3. It is alleged that one country made pistol and
live cartridges have been recovered from the possession of the
petitioner.
4. The petitioner is in custody since
03.04.2025. He is accused in 14 more criminal cases.
5. Considering the nature of allegation and also
the fact that the petitioner is accused in 14 more criminal cases,
I am not inclined to grant him bail. Accordingly, this bail
application is rejected.
Patna High Court CR. MISC. No.8931 of 2026(4) dt.28-04-2026
2/2
6. It is clarified that this Court has not
expressed any opinion on the merits of the case and the
observations made by this Court is only for the purpose of
deciding this bail application.
(Sandeep Kumar, J)
pawan/-
U T
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