Patna High Court
Ankit Kumar @ Shashikant Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail must be granted as no incriminating article was recovered from the petitioner's possession.
Summary
The petitioner, Ankit Kumar, feared arrest in a case (Barh P.S. Case No. 300 of 2025) involving alleged offences under Sections 25(1‑B)(a), 26 and 35 of the Arms Act, where six cartridges were recovered from a house he shared but none were found in his personal possession. He pleaded innocence, arguing that he was falsely implicated and that no incriminating article was recovered from him. The State opposed his request for anticipatory bail. The High Court, after considering the facts and the lack of material directly linking the petitioner to the seized cartridges, allowed the application for anticipatory bail, directing the petitioner to furnish bail bonds of Rs.10,000 with two sureties and to comply with conditions under Section 438(2) of the CrPC and Section 482(2). The order was made subject to the satisfaction of the Additional Chief Judicial Magistrate‑1, Barh.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC given the circumstances of the case.
- Whether the absence of incriminating articles in the petitioner's possession warrants the denial of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Code of Criminal Procedure — s. 438(2), 482(2)
Subjects
- anticipatory bail
- Arms Act
- Section 438 CrPC
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2625 of 2026
Arising Out of PS. Case No.-300 Year-2025 Thana- BARH District- Patna
======================================================
Ankit Kumar @ Shashikant Kumar Chaudhary Son of Mohan Murari
Chaudhary @ Munna Baba Resident of village - Purani Umanath Barh, P.S.-
Barh, District - Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suraj Kumar
For the Opposite Party/s : Mr. Damodar Prasad Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-02-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehend his arrest in connection
with Barh P.S. Case No. 300 of 2025, for offences under
Sections 25(1-B)(a), 26, 35 of the Arms Act.
3. The recovery is of 6 cartridges from the joint house
of the petitioner. The petitioner was not caught on the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating article has been recovered from
the conscious possession of this petitioner.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
Patna High Court CR. MISC. No.2625 of 2026(3) dt.24-02-2026
2/2
6. Considering the above facts and circumstances of
the case and the fact that no incriminating article has been
recovered from the possession of petitioner, the application for
grant of anticipatory bail is allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Additional
Chief Judicial Magistrate-1, Barh, Patna/concerned Court below,
in connection with Barh P.S. Case No. 300 of 2025, subject to
the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure/ section 482(2) of the BNSS.
(Sandeep Kumar, J)
Ranjeet/-
U T
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