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Patna High Court

Akhilesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner, subject to a bond of Rs 10,000 and two sureties.

Summary

Akhilesh Kumar was arrested in connection with a case under Sections 25(1‑B)(a), 26 and 35 of the Arms Act after a country‑made pistol was recovered from a bush, not from his possession. He claimed innocence, argued that the police failed to comply with Section 105 of the B.N.S.S. during the seizure, and had been in judicial custody since 2 March 2026. The State opposed bail, citing a prior criminal antecedent. The Patna High Court, after hearing both sides, found the procedural lapse significant and, despite the antecedent, ordered that the petitioner be released on regular bail upon furnishing a bond of Rs 10,000 with two sureties. The order was directed to be executed by the Judicial Magistrate of Bhojpur.

Issues considered

  • Whether bail should be granted in a case involving offences under the Arms Act (Sections 25(1‑B)(a), 26, 35).
  • Whether the alleged non‑compliance with Section 105 of the B.N.S.S. during seizure warrants bail.
  • Whether the petitioner’s prior criminal antecedent precludes the grant of bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • procedural lapse
  • seizure
  • police
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27431 of 2026
                    Arising Out of PS. Case No.-36 Year-2026 Thana- CHARPOKHARI District- Bhojpur
                 ======================================================
                 Akhilesh Kumar, S/O Shri Baliram Singh, R/O Village - Madarhan, P.S-
                 Charpokhari, Dist.- Bhojpur

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Harsh Vardhan, Advocate
                 For the Opposite Party/s :      Mr.Tapeshwar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   04-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 25(1-B)(a),

                   26 and 35 of the Arms Act.

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

                   disclosure of this petitioner, a country made pistol was

                   recovered from the bush.

                                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. Learned counsel for the petitioner has submitted that

                   nothing has been recovered from the possession of this

                   petitioener. The recovery was made from the bush. It has further
             Patna High Court CR. MISC. No.27431 of 2026(2) dt.04-05-2026
                                                         2/2




                       been submitted that the seizure list witnesses are police

                       personnel. Police has not complied Section 105 of the B.N.S.S.

                       while making the seizure. Petitioner is languishing in judicial

                       custody since 02.03.2026.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail and has submitted

                       that petitioner is having criminal antecedent of one case.

                                    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 Judicial

                       Magistrate 1st Class, Bhojpur at Ara in connection with

                       Charpokhari P.S. Case No.36 of 2026.


                                                     (Ashok Kumar Pandey, J)

lata/-
U        T


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