Rajesh Kumar @ Rajesh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3032 of 2026 Arising Out of PS. Case No.-151 Year-2025 Thana- PRATAPGANJ District- Supaul ====================================================== Rajesh Kumar @ Rajesh Kumar Yadav Son of Shanichar Yadav Resident of village - (Dahipauri) Rambishunpur, Ward No.- 6, P.S.- Raghopur, District - Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prafull Chandra Thakur, Advocate For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-03-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Pratapganj P.S. Case No. 151 of 2025 instituted for the offences under Sections 310(4), 310(5), 317(3), 317(4) of the Bharatiya Nyaya Sanhita, 2023 and 25(1-b)a, 26, 35 of the Arms Act.
3. Prosecution case, in short, is that, acting on secret information, police apprehended four accused at Chilam Chouk while they were allegedly planning a crime, whereas two coaccused persons fled away. During search, a country-made pistol, live and empty cartridges, mobile phones, and two motorcycles were recovered from the apprehended accused.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.3032 of 2026(3) dt.11-03-2026 2/3 petitioner has falsely been implicated in the present case. Learned counsel further submitted that, as per FIR, one countrymade pistol and one mobile phone has been recovered from the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered arms and ammunitions. Learned counsel further contended that no incriminating article has been recovered from the conscious possession of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.07.2025 and has ten criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pratapganj P.S. Case No. 151 of 2025, subject to the following conditions: (I) One of the bailors shall be the petitioner's own or a
Patna High Court CR. MISC. No.3032 of 2026(3) dt.11-03-2026 3/3 close family member.
(II) The petitioner shall appear on each and every date fixed during the trial and shall not remain absent on two consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial.
(IV) The petitioner shall not commit any offence of a similar nature in future.
In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Alok Verma/- U T