Patna High CourtCR. MISC./13466/2026bail granted

Rahul Kumar v. The State Of Bihar

2026-02-25Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13466 of 2026 Arising Out of PS. Case No.-813 Year-2025 Thana- AMARPUR District- Banka ====================================================== Rahul Kumar S/o Subal Mandal @ Subalchand Mandal Resident of VillageBhadariya, P.O.- Bhadariya, P.S.- Amarpur, District- Banka, Bihar- 813101 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-02-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioner seeks bail in connection with Amarpur P.S. Case No. 813 of 2025, instituted for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that one country made pistol and one live cartridge have been recovered from the handle of a motorcycle and the petitioner was arrested on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submitted that the allegation levelled against

Patna High Court CR. MISC. No.13466 of 2026(2) dt.25-02-2026 2/3 the petitioner is general and omnibus in nature. The petitioner has been arrested only on the basis of suspicion. It is further submitted that the petitioner has got no concern with the alleged recovery of arms. The petitioner is in custody since 17.11.2025 and have got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Other co-accused has been granted bail by this Court vide order dated 03.02.2026, passed in Cr. Misc. No. 4427 of 2026.

5. Learned APP 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 and taking into account 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 Amarpur P.S. Case No. 813 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.13466 of 2026(2) dt.25-02-2026 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the prosecution will have liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Raj Kishore/- U T