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Patna High Court

Kundan RajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       3/3




                     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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