Patna High Court
Anup KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that, given the petitioner’s young age, clean antecedent, and lack of personal possession of the alleged weapons, regular bail should be granted.
Summary
The petitioner, Anup Kumar, was arrested in connection with a firing incident alleged to have occurred on 15-12-2025 and charged under Sections 25(1‑B)a, 26, 27 and 35 of the Arms Act. The prosecution’s case was based on informant information and CCTV footage, but no direct incriminating material was found on the petitioner and the firearms were recovered from a co‑accused’s house. The petitioner, a 23‑year‑old with no prior criminal record, pleaded innocence and sought regular bail, undertaking to cooperate with the trial. The State opposed bail, arguing the seriousness of the offences. Considering the petitioner’s young age, clean antecedent, lack of personal possession of the weapons, and the circumstances of custody, the Court granted regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged under the Arms Act.
- Whether the nature of the allegations, the petitioner’s age, and clean antecedent justify granting bail.
- Whether the absence of incriminating material in the petitioner’s possession warrants bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 27, 35
Subjects
- regular bail
- Arms Act
- criminal procedure
- bail jurisprudence
- young accused
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20628 of 2026
Arising Out of PS. Case No.-181 Year-2025 Thana- MEDNI CHAUKI District- Lakhisarai
======================================================
Anup Kumar Son of Hareram Paswan Ro Ward no. 3 Abgil, P.S. - Medni
Chowki, Dist. - Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabi Bhushan, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 13-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in a case registered
for the offences punishable under Sections 25(1-B)a, 26, 27 and
35 of the Arms Act.
3. Prosecution case, in brief, is that informant
received information that on 15.12.2025, some anti-social
elements made firing near Mahendra Saw’s grocery store. On
the basis of said information, police personnel went to the place
of occurrence and inquired about the said incident from local
people who told that four miscreants came at the grocery store
on the motorcycle, buy something from there and made firing,
and thereafter, they fled away. Informant with the help of CCTV
footage, arrested the petitioner and other accused persons.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.20628 of 2026(3) dt.13-05-2026
2/2
present case. Further submission is that no specific allegation of
firing is against the petitioner. Nothing incriminating material
has been recovered from the conscious possession of the
petitioner. Recovered motorcycle was not used by the petitioner.
The recovery of firearms is from the house of co-accused
Ravish Kumar. Petitioner is a young boy, aged about 23 years,
having no criminal antecedent and he in custody since
16.12.2025. Petitioner undertakes to co-operate in the trial.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, nature of allegation against the petitioner, young age
of the petitioner, his clean antecedent and period of custody
undergone, let the above named petitioner be released on bail on
furnishing bail bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Lakhisarai/concerned Court in
connection with Medni Chowki P.S. Case No. 181 of 2025.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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