Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56803 of 2025 Arising Out of PS. Case No.-56 Year-2025 Thana- SALAKHUA District- Saharsa ====================================================== Rahul Kumar S/o Ashok Yadav R/o Village- Sahpur, P.S.- Sonbarsa Raj, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha For the Opposite Party/s :

Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-10-2025 Heard the parties.

2. The petitioner seeks bail in connection with Salkhua P.S. Case No. 56 of 2025 registered for the offence under Sections 25(1-B)a, 26, 35 of Arms Act.

3. The petitioner is named in the F.I.R. and is in custody since 01.04.2025.

4. As per FIR, petitioner alleged to have in possession of one country made pistol without cartridge.

5. Learned counsel appearing on behalf of the petitioner submitted that as per seizure list it can be gathered safely that recovery of country made pistol (without cartridge) was not made from the conscious

Patna High Court CR. MISC. No.56803 of 2025(2) dt.07-10-2025 2/3 physical possession of this petitioner as same appears to be recovered from the back seat of the car which was occupied by four persons. It is submitted that nothing transpires during investigation which may suggest primafacie that petitioner was involved in selling and purchase of illegal arms. While concluding the argument, it is submitted that seizure list also appears doubtful because same is not supported by independent witnesses and moreover investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer of bail.

7. In view of aforesaid factual submission and by taking note of fact as recovery of country made pistol as alleged prima-facie not appears to be recovered from the conscious physical possession of this petitioner, where seizure list also not appears to be supported by independent witnesses, coupled with fact that investigation of this case already completed where

Patna High Court CR. MISC. No.56803 of 2025(2) dt.07-10-2025 3/3 petitioner remains in custody since 01.04.2025, accordingly petitioner above named, is directed to be released on bail in connection with Salkhua P.S. Case No. 56 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Saharsa /concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) Sudha/- U T