Akash kumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33646 of 2026
                       Arising Out of PS. Case No.-188 Year-2025 Thana- PANDARAK District- Patna
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                 Akash kumar son of Daharu Yadav Resident Of Village- Gowasa Shekhpura,
                 Ps- Pandarak, Dist- Patna

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr.Bhim Sen Prasad, Advocate
                 For the Opposite Party/s :       Ms.Asha Devi, APP
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   08-07-2026                    Heard Mr.Bhim Sen Prasad, learned counsel for the

                   petitioner and Ms.Asha Devi, learned A.P.P. for the State.

                                2. The petitioner seeks bail, who is in custody since

                   25.10.2025 in connection with Pandarak P.S. Case No. 188 of

                   2025, F.I.R. dated 24.10.2025 registered for the offence

                   punishable under Sections 310(4),310(5) of BNS and Sections

                   25(1-B)(a),26,35 of the Arms Act.

                                3. The case relates to recovery of one country made

                   pistol and one live cartridge from possession of the petitioner.

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner has falsely been implicated in the

                   present case. Further submits that it appears from the FIR as

                   well as the seizure list that some arms have been recovered from

                   possession of the petitioner and other co-accused person and
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          from possession of the petitioner one country made pistol, one

          live cartridge       and feathere pulps were recovered. Learned

          counsel for the petitioner submits that from a bare perusal of the

          seizure list it appears that the seizure list witnesses are police

          personnel so there is non-compliance of the mandatory

          provisions of the BNSS, 2023                         and the police, after

          investigation, submitted chargesheet against the petitioner and

          the petitioner is in custody since 25.10.2025.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner and submits that the recovery has been

          made from possession of the petitioner, apart from that, the

          petitioner carries two more cases other than the present one but

          he fairly submits that the petitioner is on bail in both the cases,

          as mentioned in para-3 of the bail petition.

                       6. Considering the aforesaid fact, let the petitioner,

          above named, be released on bail on furnishing bail bond of

          Rs.10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of learned A.C.J.M.-1st , Barh, Patna in

          connection with Pandarak P.S. Case No. 188 of 2025,with the

          following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court
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                         and shall remain physically present as directed by the Court and

                         on his/her absence on two consecutive dates without sufficient

                         reason, his/her bail bond shall be cancelled by the Court below.

                                      (II) If the petitioner tampers with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T