Patna High CourtCR. MISC./74618/2025allowed

Rakesh Kumar v. The State Of Bihar

2026-01-16Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74618 of 2025 Arising Out of PS. Case No.-114 Year-2025 Thana- MADHEPUR District- Madhubani ====================================================== Rakesh Kumar S/o Sri Ram Udgar Yadav @ Ramu Udgar Yadav R/o Village - Jhingwa, Ward No. 10, P.S - Marauna, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhas Ranjan, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-01-2026 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 25(1-b)a, 26 and 35 of the Arms Act.

3. The case of the prosecution is that from the possession of this petitioner, one country made pistol along with three live cartridge was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that the nothing has been recovered from the possession of the petitioner rather his name has been framed in this case as he is having criminal antecedent of six cases. There is no independent witness of the

Patna High Court CR. MISC. No.74618 of 2025(3) dt.16-01-2026 2/2 seizure list rather they are police personnel. Police has not followed Section 105 of B.N.S.S. while preparing seizure list. Moreover, he is languishing in judicial custody since 19.07.2025.

5. Learned APP appearing for the State has vehemently opposed the prayer 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 petitioner on bail. The above named petitioner is directed to be released on bail in connection with Madhepur P.S. Case No. 114 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 C.J.M., Jhanjharpur, Madhubani.

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