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Patna High Court

Ankit Kumar @ Shashikant Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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