Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The court granted bail to the petitioner subject to a bond of Rs.10,000 and two sureties, one of whom must be a family member.
Summary
The petitioner, Ankit Kumar, was arrested in connection with a case under the Arms Act alleging that he brandished a pistol in a video and that a pistol and live cartridge were recovered from his house. He contended that he was falsely implicated, claiming the police obtained his signature on a blank paper to fabricate a seizure list. He had been in judicial custody since 25 October 2025 and filed an application for bail. The State opposed the bail, but the court, after hearing both sides, decided to grant bail subject to the framing of charge (if not already framed), a bail bond of Rs.10,000, and two sureties of equal amount, one of whom must be a family member. The order was pronounced by Justice S. B. Pd. Singh of the Patna High Court.
Issues considered
- Whether bail should be granted to the accused in offences punishable under Sections 25(1‑b)a, 25(ix), 26 and 35 of the Arms Act.
- Whether the alleged procedural irregularities by the police (signature on a blank paper) affect the bail decision.
- Whether the nature of the alleged offence and the risk of tampering with evidence or fleeing justify denial of bail.
Legislation cited
- Arms Act — s. 25(1‑b)a, 25(ix), 26, 35
Subjects
- bail
- Arms Act
- false implication
- police procedure
- judicial custody
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4096 of 2026
Arising Out of PS. Case No.-428 Year-2025 Thana- JANDAHA District- Vaishali
======================================================
Ankit Kumar S/o Sanjay Ram Resident of Village- Mukundpur Gopinath,
PS.- Jandaha, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan No. Ii
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Jandaha P.S. Case No. 428 of 2025 registered for the
offence punishable under sections 25(1-b)a, 25(ix), 26 and 35 of
the Arms Act.
3. As per allegation in the FIR, a video was flashed on
social video in which it was seen that petitioner was brandishing
pistol. It is further alleged that on being search, one country
made pistol and one live cartridge were recovered from his
house.
4. It is submitted by learned counsel for the petitioner
that petitioner has been falsely implicated in this case. Police
took petitioner’s signature on a blank paper and later on, it was
Patna High Court CR. MISC. No.4096 of 2026(2) dt.28-01-2026
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manufactured as seizure list. Petitioner has no concern with the
alleged recovery. After completion of investigation, police has
submitted chargesheet against the petitioner. Petitioner is
languishing in judicial custody since 25.10.2025.
5. The application for bail is opposed by learned APP
for the State.
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 after framing of
charge, if not framed, 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 ACJM-VII, Vaishali at
Hajipur in connection with Jandaha P.S. Case No. 428 of 2025
with a condition that one of the bailor must be a family member.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U
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