Patna High Court
Ashish Thakur @ Ashish Kumar ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
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
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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