Patna High Court
Rupesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The petitioner is entitled to bail subject to the conditions imposed under Section 480(3) of BNSS.
Summary
The petitioner, Rupesh Kumar, was arrested after a police raid recovered a musket, cartridges, and a knife from his residence and that of a co-accused. He applied for bail, claiming innocence, lack of any incriminating material in his personal possession, a clean criminal record, and that the statutory requirement of Section 103 of the Bihar Negotiable Security System (BNSS) was not complied with. The State opposed the bail, arguing the seriousness of the offences under Sections 25(1‑b)a, 26 and 35 of the Arms Act. The Court, considering the petitioner’s prolonged custody since November 2025, his clean antecedent, and the submission of the charge sheet, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of BNSS. The bail order also imposed personal surety requirements and attendance obligations, with cancellation provisions for non‑compliance.
Issues considered
- Whether bail should be granted to the accused under Sections 25(1‑b)a, 26 and 35 of the Arms Act.
- Whether the requirements of Section 103 of the Bihar Negotiable Security System (BNSS) have been satisfied.
- Whether the petitioner’s clean antecedent and the period of custody justify bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
Subjects
- bail
- Arms Act
- possession of firearm
- Section 480(3) BNSS
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8987 of 2026
Arising Out of PS. Case No.-790 Year-2025 Thana- AMARPUR District- Banka
======================================================
Rupesh Kumar S/o Bharat Das R/o Village - Mainma, P.S - Mainma (O.P),
Amarpur, District - Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Amarpur (Mainma OP) P.S. Case No. 790 of
2025 registered for the alleged offences under Sections
25(1-b)a/26/35 of the Arms Act.
03. As per prosecution case, police received
information about the petitioner keeping a sophisticated weapon
in his house and a raid was conducted. The petitioner was
apprehended and on search a musket and five cartridges were
recovered. At the instance of the petitioner, further recovery of a
katta and one live cartridge was made from the house of co-
accused Praveen Kumar.
Patna High Court CR. MISC. No.8987 of 2026(2) dt.17-02-2026
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04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the person
or possession of the petitioner and he has no concern with the
alleged recovered firearms and ammunitions. There is no
compliance of Section 103 BNSS. The petitioner has got no
criminal antecedent and he is in custody since 03.11.2025.
Charge sheet has been submitted.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner, his clean antecedent and
submission of charge sheet, the petitioner above named is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Banka/concerned Court in connection with Amarpur (Mainma
OP) P.S. Case No. 790 of 2025, subject to the conditions
mentioned in Section 480(3) of B.N.S.S. and also the following
conditions :
(i) One of the bailors will be a close relative
Patna High Court CR. MISC. No.8987 of 2026(2) dt.17-02-2026
3/3
of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail,
the bail bond of the petitioner will be liable
to be cancelled by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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