Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Ankit Kumar was arrested in connection with a case under Sections 25(1‑B)a and 26 of the Arms Act after police recovered a country‑made pistol and live cartridges from his possession. The petitioner claimed he was falsely implicated, had no prior criminal record, and that the investigation had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the facts, the length of custody since 5 September 2025, and the lack of a strong prosecution case, the Court decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs. 15,000 with two sureties of the same amount. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the accused under the Arms Act offences.
- Whether the prosecution complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
- Arms Act — s. 25(1‑B)a, 26
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Subjects
- bail
- Arms Act
- illegal possession of firearm
- Section 103
- criminal procedure
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2330 of 2026
Arising Out of PS. Case No.-68 Year-2025 Thana- Garahara District- Begusarai
======================================================
Ankit Kumar S/O Uttam Chaudhary R/O Village- Garhara Goriyari Tola,
Ward No. 11, Police Station- Garhara, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prem Kumar, Advocate
For the Opposite Party/s : Mr.Ram Naresh Ray, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Garhara
P.S. Case No. 68 of 2025, instituted for the offences under
Section 25(1-B)a and 26 of the Arms Act.
3. Prosecution case, in short, is that on receiving secret
information regarding creating disturbance by a person near
Rampur Tola, the Police personnel reached there and intercepted
one person namely Ankit Kumar(Petitioner). On search a
country made pistol along with magazine containing three live
cartridges were recovered.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.2330 of 2026(2) dt.21-01-2026
2/2
possession of the petitioner. It has been submitted on behalf of
the petitioner that the petitioner is in custody since 05.09.2025
and has no criminal antecedent. There is no compliance of
Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Garhara P.S. Case
No. 68 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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