Patna High Court
Kundan RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to conditions.
Summary
The petitioner, Kundan Raj, was arrested in connection with an alleged abduction and was charged under Sections 140(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑Ba), 26 and 35 of the Arms Act. The prosecution recovered cash, an iPad and a mobile phone from him, while a loaded pistol and ammunition were recovered from co‑accused, and the abducted youth was rescued. The petitioner claimed innocence, stating the cash belonged to him from a sale, no firearm was found on him, and the victim did not name him; he also highlighted his clean antecedent. The State opposed bail. The court, noting the absence of any firearm recovery from the petitioner, his clean record, the submission of the charge‑sheet, and the nature of the material, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions under Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted to the petitioner despite charges of abduction and alleged involvement under the Arms Act
- Whether the material recovered and the absence of a firearm from the petitioner justify denial of bail
- Applicability of Section 480(3) of the Bharatiya Nyaya Sanhita in granting bail
Legislation cited
- Arms Act — s. 25(1‑Ba), 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 140(2), 3(5), 480(3)
Subjects
- bail
- abduction
- Arms Act
- criminal procedure
- clean antecedent
- Section 480(3)
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91055 of 2025
Arising Out of PS. Case No.-419 Year-2025 Thana- LAHERIMUHALLA District- Nalanda
======================================================
Kundan Raj S/o Vinod Kumar Resident of Mohalla- Rehatpur, New Nalanda
Colony Near Royal Public School, P.S.- Laheri, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar No.1, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Laheri P.S. Case No. 419 of 2025 registered for
the alleged offences under Sections 140(2) r/w 3(5) of Bharatiya
Nyaya Sanhita, 2023 and Section 25(1-B)a, 26 and 35 of the
Arms Act.
03. As per prosecution case, police received
information about abduction of a youth and a raid was
conducted on the basis of tower location. Petitioner and other
co-accused persons were apprehended and from the possession
of the petitioner, recovery of Rs. 45,000/- of cash was made
apart from one I-pad and a smart mobile phone. From other two
co-accused persons, recovery of loaded pistol with five
Patna High Court CR. MISC. No.91055 of 2025(3) dt.24-02-2026
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cartridges each was made. The abducted youth was also
recovered from the place from where the petitioner was
apprehended.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner has not participated in the alleged abduction
and hence, no offence is made out against the petitioner on this
account. The amount shown as recovery from this petitioner
belongs to him which he has got after entering into an
agreement of sale. No firearm or ammunition has been
recovered from this petitioner. Even the abducted youth has not
named this petitioner for any wrong doing. Learned counsel
further submits that the petitioner is having clean antecedent.
The petitioner is in custody since 29.08.2025 and charge-sheet
has been submitted.
05. Learned APP for the State 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
fact that no recovery of any firearm has been shown from this
petitioner and also considering the nature of material against
him and further considering the period of custody of the
Patna High Court CR. MISC. No.91055 of 2025(3) dt.24-02-2026
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petitioner and his clean antecedent along with 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, Nalanda at
Biharsharif/court concerned in connection with Laheri P.S. Case
No. 419 of 2025, subject to the conditions mentioned in Section
480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative 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)
Ashish/-
U T
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