Patna High Court

Ankit Kumar @ Gungun Rai @ Gungun KumarversusThe State of Bihar

Decided: 6 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court held that bail should be granted to the petitioner subject to specified conditions.

Summary

The petitioner, Ankit Kumar, applied for bail in a case registered under Sections 25(1‑B)(a) and 26 of the Arms Act, alleging that the seized pistol, cartridge and bike were recovered from bamboo clamps and not from his possession. He contended that the police failed to comply with Section 105 of the B.N.S.S. during the seizure and that he was falsely implicated, having been in judicial custody since 17‑04‑2025. The State opposed bail, highlighting the petitioner’s alleged criminal antecedent of eight prior cases. After hearing both sides, the Court examined the factual matrix, the relevance of the seizure procedure, and the presumption of innocence. The Court concluded that bail should be granted subject to conditions, including a bail bond of Rs.10,000 with two sureties, a near‑relative as one bailor, cooperation with the trial, and weekly attendance at the police station. The order directed the petitioner’s release on bail with the stipulated conditions.

Issues considered

Whether bail should be granted to the petitioner under the Arms Act offences.
Whether the seizure of the weapon and cartridge complied with Section 105 of the B.N.S.S.
Whether the petitioner’s criminal antecedent warrants denial of bail.

Legislation cited

Arms Act — s. 25(1-B)(a), 26
B.N.S.S. — s. 105

Subjects

bail
Arms Act
seizure procedure
police compliance
criminal antecedent
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21493 of 2026
                     Arising Out of PS. Case No.-32 Year-2025 Thana- NARAINPUR District- Bhojpur
                 ======================================================
                 Ankit Kumar @ Gungun Rai @ Gungun Kumar, Son of Yugeshwar Ray
                 Resident of Village- Baruhi, P.S.- Sahar, Dist- Bhojpur
                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ravindra Kumar, Advocate
                 For the Opposite Party/s :      Mr. Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Narainpur P.S. Case No.32 of 2025 registered for the offence

                   punishable under Sections 25(1-B)(a) and 26 of the Arms Act.

                                3. The case of the prosecution, in short, is that one

                   country made pistol and one live cartridge were recovered from

                   the bamboo clamps and one bike was also 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. From perusal

                   of the seizure list itself it is clear that the recovery has been made

                   from bamboo clamps not from the possession of this petitioner.

                   The witnesses of the seizure list are police personnel. Police has

                   not complied Section 105 of the B.N.S.S. while making the
             Patna High Court CR. MISC. No.21493 of 2026(2) dt.06-04-2026
                                                         2/2




                       seizure.      Petitioner is languishing in judicial custody since

                       17.04.2025.

                                    5. Learned APP appearing for the State has vehemently

                       opposed the application for bail and has submitted that petitioner

                       is having criminal antecedent of eight 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 Additional Chief

                       Judicial Magistrate-I, Bhojpur at Ara in connection with Narainpur

                       P.S. Case No.32 of 2025 with the following conditions:-

                                    (i) One of the bailors shall be near relative of the

                       petitioner.

                                    (ii) Petitioner shall cooperate in trial and shall

                       remain physically present on each and every date in the

                       learned Trial Court.

                                    (iii) He shall also mark his attendance weekly at

                       Sahar P.S.


                                                       (Ashok Kumar Pandey, J)

lata/-
U        T

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