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Patna High CourtCR. MISC./6238/2026allowed

Rahul Kumar @ Rider v. The State Of Bihar

2026-05-14Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6238 of 2026 Arising Out of PS. Case No.-302 Year-2025 Thana- SARAIYA District- Muzaffarpur ====================================================== Rahul Kumar @ Rider Son of Late Manoj Mahto Resident of Village - Mungauli, P.S.- Saraiya, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Paswan, Advocate.

For the Opposite Party/s :

Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 14-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Saraiya P.S. Case No. 302 of 2025 registered for the offence punishable under Sections 109, 132, 121(1), 262 of the B.N.S., 2023 and Sections 25(1-b)a, 26 and 27 of the Arms Act.

3. The case of the prosecution, in short, is that from the possession of the petitioner, one country-made pistol and two live cartridges were recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that the police has forcefully recorded his confession as well. It has further been submitted that nothing

Patna High Court CR. MISC. No.6238 of 2026(4) dt.14-05-2026 2/2 has been recovered from the possession of the petitioner. The witnesses of the seizure list are police personnel and the police have not complied with Section 105 of the BNSS while making the seizure. He further submits that after apprehending the petitioner, police has extracted a confessional statement in different case. Moreover, the petitioner is languishing in judicial custody since 17.06.2025.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner has criminal antecedent of four cases.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Saraiya P.S. Case No. 302 of 2025.

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