Patna High Court
DEEPAK RANJANversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail may be granted subject to strict conditions despite the seriousness of the arms offences and prior antecedents.
Summary
The petitioner, Deepak Ranjan, was arrested on 27 June 2025 in connection with an FIR alleging offences under Sections 25(1‑b)a, 26 and 35 of the Arms Act, based on a seizure of a carbine, two magazines and other items. He claimed innocence, alleging that the charges were fabricated and that the police failed to comply with Section 103 of the Bihar Narcotic Substances Act. The prosecution opposed bail, highlighting five prior criminal antecedents. The court considered the seriousness of the arms offences, the petitioner’s antecedents, and the conditions of the bail application. It granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Additional Chief Judicial Magistrate, Ara, Bhojpur.
Issues considered
- Whether bail should be granted to a person accused of offences under the Arms Act with prior criminal antecedents
- Whether the alleged non‑compliance with Section 103 of the Bihar Narcotic Substances Act affects the bail decision
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bihar Narcotic Substances Act — s. 103
Subjects
- bail
- Arms Act
- criminal antecedent
- seizure
- Section 103
- Bihar
- High Court
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90884 of 2025
Arising Out of PS. Case No.-65 Year-2025 Thana- NARAINPUR District- Bhojpur
======================================================
DEEPAK RANJAN S/o Mahesh Singh Resident of Village- Devrath Kaem
Nagar, Dumaria, P.O- Kaem nagar, Police Station- Badahara, District-
Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghunandan Kumar Singh, Advocate
For the Opposite Party/s : Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr. Raghunandan Kumar Singh, learned
counsel for the petitioner as well as Dr. Ajeet Kumar, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
27.06.2025 in connection with Narayanpur P.S. Case No. 65 of
2025, F.I.R. dated 26.06..2025 for the offences punishable under
Sections 25(1-b)a/26/35 of Arms Act.
3. According to prosecution case, on secret
information, police reached the place of occurrence and
recovered one country made carbaine, two magazines, mobile
phones and other items.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.90884 of 2025(2) dt.13-01-2026
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present case. The allegation levelled against the petitioner is
false and fabricated. From bare perusal of the FIR and seizure
list it appears that the one country made carbaine and two
magazines were recovered and there is non-compliance of
Section 103 of BNSS. He further submits that the police after
investigation submitted the charge sheet and the petitioner is in
custody since 27.06.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
apart from that the petitioner carries five criminal antecedents
other than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in the pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Additional
chief Judicial Magistrate, Ara, Bhojpur in connection with
Narayanpur P.S. Case No. 65 of 2025, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
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and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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