Patna High Court
Rajesh Kumar @ Rajesh Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The petitioner is entitled to anticipatory bail.
Summary
Petitioner Rajesh Kumar Mishra was implicated in a FIR under IPC sections 420, 467, 468 and 471 for allegedly possessing a fake arms licence issued in 1999. A CBI preliminary enquiry listed his licence as "record not found" among 80 purportedly fake licences, leading the Bihar police to file the case. The petitioner contended that his licence is valid, citing a web‑based record from the National Database of Arms Licences with a unique identification number. The court noted that the CBI enquiry was only preliminary and that the petitioner’s online licence record substantiated his claim of a genuine licence. Accordingly, the court granted anticipatory bail, subject to a bail bond and verification of the licence by the district court under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the FIR under IPC sections 420, 467, 468 and 471 alleging a fake arms licence.
- Whether the CBI’s preliminary finding of "record not found" is sufficient to deny bail when the petitioner produces a valid licence record from the official database.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 420, 467, 468, 471
Subjects
- anticipatory bail
- arms licence
- fake licence
- IPC 420
- IPC 467
- IPC 468
- IPC 471
- CBI preliminary enquiry
- Bharatiya Nagarik Suraksha Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91329 of 2025
Arising Out of PS. Case No.-396 Year-2025 Thana- LALGANJ District- Vaishali
======================================================
Rajesh Kumar @ Rajesh Kumar Mishra Son of Mohan Mishra Resident of
Village- Jafrabad, P.S.- Lalganj, District- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Union of India through S.P. and Head of Branch, C.B.I., ACB, Patna
New Delhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan
For the State : Mr. Akshay Lal Pandit
For the CBI : Mr. Nilanjan chatterjee
Mr. Ujjwal Raj
Mr. Anirvan Choudhuri
Mr. Sahi Kumar
Mr. Jyoti Prakash
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 07-04-2026 1. Heard learned Counsel for the petitioner, learned counsel
for the Central Bureau of Investigation and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Lalganj Police Station Case No. 396 of 2025, dated
14.08.2025, disclosing offences punishable under
Sections 420/ 467/468/471 of the Indian Penal Code.
3. In compliance of this Court’s order, Preliminary Enquiry
No. PE0232019A0001, dated 14.06.2019, was registered
at C.B.I., A.C.B., Patna, to enquire into the matter of
use/facilitation of suspected fake and forged arms license
Patna High Court CR. MISC. No.91329 of 2025(3) dt.07-04-2026
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by the private security agencies.
4. The enquiry report was submitted by the S.P., C.B.I.,
A.C.B., Patna, on 24.03.2022, having a list of 80 arms
licenses, which were found to be prima facie fake. On the
basis of the said enquiry report, the present First
Information Report has been lodged by the Station House
Officer, Lalganj Police Station, on 14.08.2025, stating
therein that on the basis of enquiry report of the Central
Bureau of Investigation, against the users of illegal arms,
a direction was given by the Bihar Police Headquarter on
03.06.2022, to take action against the fake arms holders.
In respect of arms license of the petitioner issued on
22.01.1999 by the District Magistrate, Mokochung,
Nagaland, the same was found fake and accordingly First
Information Report has been registered under the
provisions of the Indian Penal Code against the petitioner.
5. Learned Counsel for the petitioner submits that the
petitioner has committed no offence and he has falsely
been implicated iun this case inasmuch as the arms
license, having No. 4333/MKG, dated 22.01.1999, was
issued by the District Magistrate, Mokochung, Nagaland,
in favour of the petitioner after completion of the enquiry
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procedure. The license was being renewed regularly by
the Commissioner of Police, Dimapur, Nagaland.
Referring to the copy of the enquiry report (Annexure
P/2), learned Counsel submits that the name of the
petitioner is reflecting at serial no. 43 and in the remarks
column, it has been mentioned that ‘record not found’ and
accordingly the petitioner’s license has been prima facie
declared as fake. Learned Counsel thereafter referred to
the supplementary affidavit and submits that the
petitioner is having valid arms license, which is also
available on the website of the National Database of Arms
License-Arms License Issuance System of the Ministry of
Home Affairs, Government of India, having Unique
Identification Number 052090023443602015 (Annexure
P/4 to the supplementary affidavit).
6. Learned Counsel for the Central Bureau of Investigation
is not disputing the fact that against the name of the
petitioner, there is a remarks in the column that the record
of his license was not found. The Central Bureau of
Investigation only conducted the preliminary enquiry and
on the basis of the said enquiry, the First Information
Report has been registered by the Bihar Police and the
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investigation has been done by them.
7. Learned Counsel for the State is not in a position to doubt
the web copy of the details of the license of the petitioner,
having Unique Identification Number
052090023443602015, therein.
8. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the web copy,
having Unique Identification Number
052090023443602015, (Annexure P/4 to the
supplementary affidavit), I am inclined to grant the
petitioner privilege of anticipatory bail.
9. This application is, accordingly, allowed.
10. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within a period of
four weeks from today, 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 learned
Additional Chief Judicial Magistrate-VIII, Vaishali, at
Hajipur, in connection with Lalganj Police Station Case
No. 396 of 2025, subject to the conditions (i) as laid down
under Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023, and (ii) that the unique identification
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number of the petitioner shall be verified by the
concerned District Court and on being satisfied, the
petitioner shall be released on bail.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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