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Patna High Court

Ashish Thakur @ Ashish Kumar ThakurversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

Ashish Thakur was arrested in connection with a case under sections 310(4), 310(5) of the BNS and sections 25(1‑B)a, 26 and 35 of the Arms Act after police recovered arms from a co‑accused and a mobile phone from the petitioner. The petitioner contended that he was falsely implicated, that no TIP had been filed, there were no eyewitnesses and only the mobile phone was recovered from his possession. He had been in judicial custody since 12‑10‑2025 and had no prior criminal record. The State opposed the bail application. After hearing both sides, the court found the lack of substantive evidence and the petitioner’s clean antecedents sufficient to grant regular bail on a bond of Rs 10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the offences under the BNS and Arms Act.
  • Whether the absence of a TIP, eyewitness testimony and only a mobile phone as evidence justifies granting bail.

Legislation cited

  • Arms Act — s. 25(1-B)a, 26, 35
  • BNS — s. 310(4), 310(5)

Subjects

  • regular bail
  • arms act
  • false implication
  • TIP
  • eyewitness
  • mobile phone
  • judicial custody
  • BNS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4664 of 2026
                     Arising Out of PS. Case No.-235 Year-2025 Thana- PANDAUL District- Madhubani
                 ======================================================
                 Ashish Thakur @ Ashish Kumar Thakur S/o Binod Thakur @ Mahanand
                 Thakur R/o Village- Sahpur, P.S- Pandaul, Dist- Madhubani.
                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Subhash Kumar Jha
                 For the Opposite Party/s :       Mr.Suman Kumari Singh
                 ======================================================
                 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 regular bail in

                   connection with Pandaul P.S. Case No. 235 of 2025 registered

                   for the offence punishable under sections 310(4), 310(5) of the

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

                                3. As per allegation in the FIR, on getting secret

                   information about assembly of miscreants to hatch a conspiracy,

                   police party proceeded towards Sarhjad Chowk. On seeing the

                   police party, accused persons started fleeing away but three of

                   them were apprehended by the police wherein arms were

                   recovered from possession of apprehended co-accused Md.

                   Sadare. From possession of this petitioner, one mobile phone

                   was recovered.

                                4. It is submitted by learned counsel for the petitioner
          Patna High Court CR. MISC. No.4664 of 2026(2) dt.28-01-2026
                                                      2/2




                    that petitioner has been falsely implicated in this case. No TIP

                    has been done till date. There is no eye witness of the alleged

                    occurrence. Nothing has been recovered from conscious

                    possession of the petitioner except a mobile, of which he is the

                    registered owner. After completion of investigation, chargesheet

                    has been submitted against him. Petitioner is languishing in

                    judicial custody since 12.10.2025, without having any criminal

                    antecedent.

                                 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 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 CJM,

                    Madhubani in connection with Pandaul P.S. Case No. 235 of

                    2025.



                                               (S. B. Pd. Singh, J)
Ankit Kumar/-

U


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