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Brajesh Kumar @ Khesari Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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Brajesh Kumar @ Khesari Vs The State of BiharBrajesh Kumar @ Khesari v. The State of Bihar

Allowed¶¶22

Brajesh Kumar @ Khesari v. The State of Bihar

Bail – Arms Act – Sections 25(1-B)a, 26, 35

Patna HC15 Jan 2025CR. MISC./88162/2024

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.88162 of 2024, decided 15-01-2025, Rudra Prakash Mishra (J). Regular bail granted in Bithan P.S. Case No. 68 of 2024 (Samastipur) under Arms Act Ss.25(1-B)a, 26, 35. Key factors: no recovery of arms/ammunition from petitioner Brajesh Kumar @ Khesari; implication solely via co-accused Guddu Kumar's confessional statement; custody since 20.07.2024; charge-sheet filed; defence alleged non-compliance of S.103 BNSS. Bail condition: Rs.10,000 bond plus two like sureties. Useful search terms: bail without recovery from accused, confession-based implication, Arms Act bail Patna High Court 2025.

What did the court decide?

Petitioner released on bail in connection with Bithan P.S. Case No. 68 of 2024 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court.

Why is it important?

Considering the rival contentions, the period of custody, and there being no recovery of any arms and ammunition from the petitioner's possession, the petitioner was directed to be released on bail. ¶¶20

What the court decided

AI extract

Outcome

Petitioner released on bail in connection with Bithan P.S. Case No. 68 of 2024 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court.

Issue for consideration

Whether the petitioner, named in Bithan P.S. Case No. 68 of 2024 under Sections 25(1-B)a, 26, 35 of the Arms Act with no recovery of arms from him, should be released on bail.

Court's answer

Considering the rival contentions, the period of custody, and there being no recovery of any arms and ammunition from the petitioner's possession, the petitioner was directed to be released on bail.

Ratio / Principle

Bail to be on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court, in connection with Bithan P.S. Case No. 68 of 2024.

Detailed headnote1 paragraphs

Bail — Arms Act — Sections 25(1-B)a, 26, 35 — Recovery of country-made pistol and five live cartridges from co-accused Guddu Kumar only; nothing incriminating recovered from the petitioner; name transpired on basis of co-accused's confessional statement; petitioner in judicial custody since 20.07.2024; charge-sheet submitted. Held: considering period of custody and absence of recovery of arms and ammunition from the petitioner's possession, petitioner released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Court below in connection with Bithan P.S. Case No. 68 of 2024. Defence submission regarding alleged non-compliance of Section 103 of the B.N.S.S. noted as counsel's argument, not adjudicated as a holding.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88162 of 2024

Arising Out of PS. Case No.-68 Year-2024 Thana- BITHAN District- Samastipur

======================================================

Brajesh Kumar @ Khesari S/O Ramdhyan Mahto @ Ramghian Resident of Village- Pusho, P.S.- Bithan, District- Samastipur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Raja Ram Mishra, Adv. For the Opposite Party/s : Mr. Yogendra Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 15-01-2025

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Bithan P.S. Case No. 68 of 2024 instituted for the offences under Sections 25(1-B)a, 26, 35 of the Arms Act.

As per prosecution case, the police has recovered a country-made pistol and five live cartridges from the possession of co-accused Guddu Kumar. It is alleged that the petitioner managed to escape from the place of occurrence.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The name of the petitioner has transpired in this case on the

Patna High Court CR. MISC. No.88162 of 2024(2) dt.15-01-2025 2/3

basis of the confessional statement of the co-accused Guddu Kumar. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the motorcycle and the arms recovered from the possession of the Guddu Kumar. The petitioner has also no concern with the co-accused Guddu Kumar. He further submits that, later on, the petitioner was arrested by the police with TVS Motorcycle and Rs. 4,060/- was recovered from his possession. He further submits that the recovered motorcycle and cash from the possession of the petitioner belong to the petitioner himself. There is a noncompliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has two criminal antecedents and, in both of them, he is on bail and is languishing in judicial custody since 20.07.2024 without any rhymes or reason. Charge-sheet has been submitted in this case

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Having heard rival contention of both the parties, the period of custody of the petitioner and there being no recovery of any arms and ammunition from the possession of the petitioner, let the petitioner, abovenamed, be released on bail

Patna High Court CR. MISC. No.88162 of 2024(2) dt.15-01-2025 3/3

on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bithan P.S. Case No. 68 of 2024.

(Rudra Prakash Mishra, J)

rishi/-

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, named in Bithan P.S. Case No. 68 of 2024 under Sections 25(1-B)a, 26, 35 of the Arms Act with no recovery of arms from him, should be released on bail.¶¶14
The court held
Considering the rival contentions, the period of custody, and there being no recovery of any arms and ammunition from the petitioner's possession, the petitioner was directed to be released on bail.ratio¶¶20

Statutes considered

4 provisions across 2 enactments

AI extract

Arms Act25(1-B)a¶¶14 26¶¶14 35¶¶14
B.N.S.S.103¶¶18

Procedural history

How this case reached the court

AI extract

Prior proceeding
Bail sought in connection with Bithan P.S. Case No. 68 of 2024 instituted for offences under Sections 25(1-B)a, 26, 35 of the Arms Act.¶¶14
Prior proceeding
Prosecution case: country-made pistol and five live cartridges recovered from co-accused Guddu Kumar; petitioner alleged to have escaped from the place of occurrence.¶¶15
Prior proceeding
Petitioner in judicial custody since 20.07.2024; charge-sheet submitted.¶¶18

Parties & counsel

AI extract

petitioner
Brajesh Kumar @ Khesari S/O Ramdhyan Mahto @ Ramghian Resident of Village- Pusho, P.S.- Bithan, District- Samastipur¶¶4
Mr. Raja Ram Mishra
respondent
The State of Bihar¶¶7
Mr. Yogendra Kumar

Coram

AI extract

Rudra Prakash Mishraauthor¶¶23

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 15 Jan 2025 · January
Registered: 17 Dec 2024
Case no.: CR. MISC./88162/2024
CNR: BRHC011201392024
Bench: R. P. Mishra
Disposal: BAIL GRANTED
Case type: Criminal Miscellaneous

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Cite this judgement

Brajesh Kumar @ Khesari v. The State of Bihar, CR. MISC./88162/2024 (PAT), decided on 15 January 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes4

Arms Act25(1-B)a · 26 · 35
B.N.S.S.103

View all statutes

Procedural history3

Bail sought in connection with Bithan P.S. Case No. 68 of 2024 instituted for offences under Sections 25(1-B)a, 26, 35 of the Arms Act.
Prosecution case: country-made pistol and five live cartridges recovered from co-accused Guddu Kumar; petitioner alleged to have escaped from the place of occurrence.

View full history

Bench / Coram

Rudra Prakash Mishra

Parties & counsel