Patna High Court
Narendra RaiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was dismissed, and the petitioner was ordered to surrender within two weeks.
Summary
The petitioner, Narendra Rai, filed a bail application fearing arrest in a case (Raghopur P.S. Case No. 140 of 2025) under Sections 25(1‑A), 25(1‑AA), 25(1‑B)(a), 26(1), 26(2) and 35 of the Arms Act, where four pistols and a cartridge were recovered. The petitioner claimed innocence and alleged false implication, while the State relied on the illegal nature of the recovered arms and a self‑inculpatory statement of a co‑accused. The High Court, after hearing counsel, found the recovery of illegal arms and the co‑accused’s statement sufficient grounds to deny bail. Consequently, the bail application was dismissed and the petitioner was ordered to surrender within two weeks, failing which the Superintendent of Police would effect his arrest. The order was communicated to the police for compliance.
Issues considered
- Whether bail should be granted to the petitioner pending trial in an Arms Act case involving recovery of illegal weapons.
- Whether the recovery of illegal arms and a co‑accused’s self‑inculpatory statement justify denial of bail.
Legislation cited
- Arms Act — s. 25(1-A), 25(1-AA), 25(1-B)(a), 26(1), 26(2), 35
Subjects
- bail
- Arms Act
- illegal arms
- criminal procedure
- pre‑trial detention
- co‑accused statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90904 of 2025
Arising Out of PS. Case No.-140 Year-2025 Thana- RAGHOPUR District- Vaishali
======================================================
Narendra Rai S/o Shivnath Rai @ Shivnath Ray R/o Village- Madha, PS-
Rustampur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ganesh Prasad Singh
For the Opposite Party/s : Mr. Upendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Raghopur P.S. Case No. 140 of 2025 registered
for the offence under Sections 25(1-A), 25(1-AA), 25(1-B)(a),
26(1), 26(2), 35 of the Arms Act.
3. As per the prosecution case, there is recovery of
four pistols and one cartridge.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case.
5. Learned APP for the State has opposed the
application of the petitioner and has submitted that the recovery
is of illegal arms and the name of the petitioner has come in the
Patna High Court CR. MISC. No.90904 of 2025(2) dt.28-01-2026
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self inculpatory statement of the co-accused.
6. Considering the recovery of illegal arms, this
Court is not inclined to grant bail to the petitioner.
7. Accordingly, this application is dismissed.
8. The petitioner is directed to surrender within two
weeks from today and pray for regular bail. It is made clear that
if the petitioner does not surrender within two weeks then the
Superintendent of Police, Vaishali will take all steps for arrest of
the petitioner.
9. Let a copy of this order be communicated to the
Superintendent of Police, Vaishali through FAX for its
compliance.
(Sandeep Kumar, J)
Vikas/-
U
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