Patna High Court
Anshuman Kumar @ Suman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Arms Act — s. 25(1-b)a, 26, 35
- B.N.S., 2023 — s. 111, 317(2), 317(5)
- B.N.S.S. — s. 480(3)
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
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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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