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Patna High Court

Anshuman Kumar @ Suman KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond of Rs 10,000, two sureties and conditions under Section 480(3) of the B.N.S.S.

Summary

The petitioner, Anshuman Kumar, was arrested in connection with a case involving the alleged possession of a stolen mobile phone, a loaded country-made katta, and two live cartridges. He was charged under Sections 317(2), 317(5) and 111 of the B.N.S., 2023 and Sections 25(1‑b)a, 26 and 35 of the Arms Act. The petitioner claimed innocence, arguing that the recovered items belonged to him and that there was no independent witness to the seizure. The State opposed bail, citing the seriousness of the offences. The Court, after considering the nature of the recovery, the period of custody since 2 August 2025 and the fact that a chargesheet had been filed, granted bail on a bond of Rs 10,000 with two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and other procedural requirements.

Issues considered

  • Whether bail should be granted to the petitioner accused of offences under the B.N.S., 2023 and the Arms Act considering the nature of the seized items and the period of custody.

Legislation cited

Subjects

  • bail
  • narcotic offences
  • arms possession
  • section 480(3)
  • criminal procedure
  • seizure
  • chargesheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4206 of 2026
                  Arising Out of PS. Case No.-119 Year-2025 Thana- MAHESHKHUNT District- Khagaria
                 ======================================================
                 Anshuman Kumar @ Suman Kumar Son of Shambhu Chaudhary @ Sambhu
                 Chaudhary, Resident of Village - English Banni, Ward No. 22, P.S.- Mahesh
                 Khunt, District- Khagaria, Bihar.
                                                                             ... ... Petitioner
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Ms. Seema Kumari, Advocate
                 For the Opposite Party/s :     Mr. Harendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   28-01-2026                     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                   2. In the present case, the petitioner seeks bail in

                   connection with Mahesh Khunt P.S. Case No. 119 of 2025,

                   dated 02.08.2025, registered for the offences punishable under

                   Sections 317(2), 317(5) and 111 of the B.N.S., 2023 and

                   Sections 25(1-b)a, 26 and 35 of the Arms Act.

                                   3. As per the prosecution case, police came to know

                   about the petitioner using a mobile phone which was robbed and

                   Mahesh Khunt P.S. Case No. 103 of 2025 was lodged for

                   snatching of this mobile phone. The petitioner and other co-

                   accused persons were apprehended and from one co-accused,

                   recovery of a loaded country-made katta and two live cartridges

                   were made, whereas from this petitioner, recovery of stolen
Patna High Court CR. MISC. No.4206 of 2026(2) dt.28-01-2026
                                            2/3




          mobile and two live cartridges were made.

                          4. Learned counsel appearing on behalf of the

          petitioner submits that petitioner is innocent and he has falsely

          been implicated in the present case. Nothing incriminating has

          been recovered from person or possession of this petitioner. The

          mobile phone and the motorcycle shown to be recovered from

          this petitioner belong to the petitioner himself. There is no

          independent witness to search and seizure. Learned counsel next

          submits that petitioner is having antecedent of three cases and

          he is on bail in two such cases. Learned counsel lastly submits

          that petitioner is in custody since 02.08.2025 and chargesheet

          has been submitted.

                          5. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioner.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          nature of recovery made from the petitioner and also

          considering his period of custody and submission of

          chargesheet, the petitioner, above-named, is directed to be

          released on bail, on furnishing bail bonds of Rs.10,000/-

          (Rupees Ten Thousand Only) with two sureties of the like

          amount each to the satisfaction of learned Sub-Divisional
          Patna High Court CR. MISC. No.4206 of 2026(2) dt.28-01-2026
                                                      3/3




                    Judicial Magistrate, Khagaria / concerned Court, in connection

                    with Mahesh Khunt 119 of 2025, subject to the condition laid

                    down under Section 480(3) of the B.N.S.S. and other following

                    conditions:

                                    (i) One of the bailors will be a close relative of the

                    petitioner.

                                    (ii) The petitioner will remain present on each and

                    every date fixed by the court below, if so required by the learned

                    trial Court.

                                    (iii) In case of absence on three consecutive dates

                    or in violation of the terms of the bail, the bail bond of the

                    petitioner will be liable to be cancelled by the Court concerned.



                                                                 (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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