Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10275 of 2026 Arising Out of PS. Case No.-869 Year-2025 Thana- ALAMGANJ District- Patna ====================================================== Rahul Kumar Son of Late Anil Jha Resident of Village- Dariyapur, P.S.- Sajoor, District- Bhagalpur, present resident of Biskoman Colony, Vaishali House Near Dilip Mahto Makan Renter, P.S.- Alamganj, District- Patna ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 309 (4), 317 (2) of the BNS and Section 25 (1-B) (a), 26 and 35 of the Arms Act.

3. The case of the prosecution is that while the informant was proceeding from Biscoman Colony to his residence at Rajendra Nagar at about 8:00 P.M., near Kali Temple Flyover, three miscreants surrounded him and one of them forcibily took away his mobile phone. It is further alleged that police apprehended three persons including the petitioner. From the possession of this petitioner, one loaded country made pistol was recovered and a mobile phone were also recovered

Patna High Court CR. MISC. No.10275 of 2026(2) dt.20-02-2026 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that the mobile which has been recovered belongs to him and has no connection with the alleged occurrence. It is contended that only one country made pistol was allegedly recovered from his possession and that the allegation against him is general and omnibus. Moreover, the petitioner is languishing in judicial custody since 17.08.2025 having no criminal antecedent.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Alamganj P.S. Case No. 869 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-VI, Patna City, Patna.

(Ashok Kumar Pandey, J) Jagdish/- U T