Patna High Court
Ankit Kumar Yadav @ Ankit Yadav @ Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted notwithstanding the nature of the arms offences and alleged procedural lapses, provided the petitioner furnishes a bond and complies with the stipulated conditions.
Summary
Ankit Kumar Yadav was arrested on 30‑09‑2025 in connection with a case involving alleged illegal possession of a country‑made pistol and live cartridges, offences punishable under Sections 25(1‑b)(a) and 26 of the Arms Act. The prosecution claimed the weapons were recovered from a hut, not from the petitioner, and alleged non‑compliance with Sections 103 and 105 of the Bhartiya Nagarik Suraksha Sanhita during the seizure. The petitioner contended innocence, arguing that the recovery was not from his possession and that procedural safeguards were ignored. The State highlighted four prior criminal antecedents, though the petitioner was already on bail for those matters. The court, after considering the facts, granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of court appearance, non‑tampering with evidence or witnesses, and verification of criminal antecedents.
Issues considered
- Whether the alleged procedural lapses under Sections 103 and 105 of the Bhartiya Nagarik Suraksha Sanhita justify denial of bail.
- Whether the nature of the offences under the Arms Act warrants denial of bail.
- Whether the petitioner’s prior criminal antecedents affect the grant of bail.
Legislation cited
- Arms Act — s. 25(1‑b)(a), 26
- Bhartiya Nagarik Suraksha Sanhita — s. 103, 105
Subjects
- bail
- Arms Act
- seizure procedure
- prior criminal antecedent
- Bhartiya Nagarik Suraksha Sanhita
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22213 of 2026
Arising Out of PS. Case No.-277 Year-2025 Thana- BAUNSI District- Banka
======================================================
Ankit Kumar Yadav @ Ankit Yadav @ Ankit Kumar Son of Ghanshyam
Yadav @ Ghanshyam Prasad Yadav Resident of Village - Barmsaiya, P.S. -
Baunsi, Dist. - Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-04-2026 Heard Mr. Dhananjay Kumar Pandey, learned
counsel for the petitioner and Mr. Bhanu Pratap Singh, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
30.09.2025 in connection with Bounsi P.S. Case No. 277 of
2025, F.I.R. dated 29.09.2025 for the offences punishable under
Sections 25 (1-b)a and 26 of Arms Act.
3. According to prosecution case, it is alleged that on
police recovered a country made pistol and two live cartridges
from hut situated near Korabandh.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R
Patna High Court CR. MISC. No.22213 of 2026(2) dt.06-04-2026
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that nothing has been recovered from the conscious possession
of the petitioner rather the recovery has been made from hut in
question. There is non-compliance with mandatory procedure
prescribed for recovery under Section 103 and 105 of Bhartiya
Nagarik Suraksha Sanhita. He further submits that the police
after investigation submitted the charge sheet against the
petitioner and the petitioner is in custody since 30.09.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries four criminal antecedent other
than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in the said matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, 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 the learned Chief
Judicial Magistrate, Banka in connection with Bounsi P.S. Case
No. 277 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
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on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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