Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63893 of 2025 Arising Out of PS. Case No.-101 Year-2025 Thana- KADIRGANJ District- Patna ====================================================== Rahul Kumar S/o Vijendra Prasad Resident of Balapar, P.S.- Dhanarua, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajanan Mishra, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Kadirganj P.S. Case No. 101 of 2025 instituted for the offence under Sections 25(1-B)a & 26 of the Arms Act. 3.

Prosecution case in short is that there is recovery of one country made pistol, three live cartridges, one mobile phone and one motorcycle from the possession of the petitioner. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09-06-2025. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.63893 of 2025(2) dt.11-09-2025 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that petitioner has no concern with the recovered arms. Nothing has been recovered from the consicous possession of the petitioner. There is no compliance of Section 103 of the BNSS, 2023.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case and period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kadirganj P.S. Case No. 101 of 2025 , subject to the following conditions:

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

(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 Trial Court will have liberty to cancel the

Patna High Court CR. MISC. No.63893 of 2025(2) dt.11-09-2025 3/3 bail bonds of the petitioner.

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