Patna High Court
CR. MISC./58787/2026 of Rukesh Ram @ Rukesh Kumar Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58787 of 2026 Arising Out of PS. Case No.-286 Year-2025 Thana- PATAHI District- East Champaran ====================================================== Rukesh Ram @ Rukesh Kumar Son of Ramjanm Ram Resident of village - Gonahi, PS- Patahi,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58787 of 2026
Arising Out of PS. Case No.-286 Year-2025 Thana- PATAHI District- East Champaran ======================================================
Rukesh Ram @ Rukesh Kumar Son of Ramjanm Ram Resident of village - Gonahi, PS- Patahi, Dist- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Manoj Kumar, Advocate
For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
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ORAL ORDER
19-08-2026 Heard the learned Advocate for the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Patahi P.S. Case No 286 of 2025, registered for the offences punishable under Sections 25(1-B)a and 26 of the Arms Act.
3. In course of executing the attachment order, while the police personnels where engaged in carrying the process, they have recovered a country-made pistol from the house of the petitioner, leading to institution of the present FIR.
4. Learned Advocate for the petitioner submitted that from the F.I.R., it is evident that various police personnels where engaged in carrying attachment order in relation to a case instituted against the petitioner under Section 498(A) of the Patna High Court CR. MISC. No.58787 of 2026(2) dt.19-08-2026
Indian Penal Code. Admittedly, the attachment was carrying out in the house of the petitioner, but there is no witness either the family members of the petitioner or local people, who have been made witness to the search and seizure. The recovery of the country-made pistol is said to be an implanted one, that too, on account of some oblique reason. Save and except the petitioner is carrying one criminal antecedent in relation to an offence under Section 498(A), the petitioner is not involved in any other case. Moreover, the house in which the informant and others where carrying attachment order is a joint family house and for that, the petitioner cannot be held responsible.
5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the nature of accusation; besides the recovery of country made pistol from a joint family house, as also there is no independent witness to the search and seizure, irrespective of the fact that the police personnels were effecting the attachment orders, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail Patna High Court CR. MISC. No.58787 of 2026(2) dt.19-08-2026
bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Patahi P.S. Case No. 286 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.
ritesh/shivank- (Harish Kumar, J) U T