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Patna High Court

Rakesh GiriversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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