Patna High Court
Akhilesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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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