Ramkaran Kumar @ Ramkaran Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17399 of 2026 Arising Out of PS. Case No.-438 Year-2025 Thana- ATHMALGOLA District- Patna ====================================================== 1.

Ramkaran kumar @ Ramkaran Rai S/O Mantu Ray @ Munna Ray @ Munat Rai R/O Village- Ganjpar, PS- Athmagola, Distt-Patna 2.

Sanjeev Kumar S/O Jageshwar Ray R/O Village- Ganjpar, PS- Athmagola, Distt-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 01-05-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in connection with Athmalgola P.S. Case No. 438 of 2025 registered for the offence punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. The case of the prosecution, in short, is that from the hut of one Bharosi Rai, one country made rifle, two country made pistols and 10 live cartridges were recovered.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. From perusal of the seizure list it will transpire that the

Patna High Court CR. MISC. No.17399 of 2026(3) dt.01-05-2026 2/2 seizure was made from one Ram Padarath Ray. The said hut does not belong to the petitioners. It has further been submitted that nothing has been recovered from the possession of this petitioners. The witnesses of the seizure list are police personnel. Police has not complied Section 105 of the B.N.S.S. while making the seizure. Petitioners are languishing in judicial custody since 02.12.2025. It has further been submitted that similarly situated co-accused person has already been granted bail by this court vide Cr. Misc. No. 18783 of 2026.

5. Learned APP appearing for the State has vehemently opposed the application for bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Barh, District-Patna in connection with Athmalgola P.S. Case No. 438 of 2025 (Ashok Kumar Pandey, J) Shubham/- U T