Patna High Court
Akshay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Akshay Kumar was arrested in connection with a case under Sections 25(1‑b)a, 26 and 35 of the Arms Act after a pistol was recovered from co‑accused Gautam Kumar, who alleged the weapon belonged to the petitioner. The petitioner contended that he was falsely implicated, no weapon was found in his possession, and that the bail procedure under Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 had not been complied with. He had been in custody since 17 July 2025 and possessed one prior criminal antecedent. The State opposed the bail application. Considering the lack of direct possession, the circumstances of the recovery, and the period of custody, the Court decided to grant bail on a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner under the Arms Act charges given that the weapon was recovered from a co‑accused and not from the petitioner’s possession
- Whether the procedural requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied with in the bail application
Legislation cited
- Arms Act — s. 25(1‑b)a, 26, 35
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
Subjects
- bail
- Arms Act
- false implication
- possession
- criminal procedure
- Section 103
- Bharatiya Nagarika Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5817 of 2026
Arising Out of PS. Case No.-1104 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Akshay Kumar Son of Lal Babu Rai @ Lal Babu Yadav Resident of Village-
Pashi, Faridpur, P.S.- Janipur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajanan Mishra, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Phulwari (Janipur) P.S. Case No. 1104 of 2025 instituted for the
offences under Sections 25(1-b)a, 26, 35 of the Arms Act.
3. As per the F.I.R., one pistol has been recovered
from the co-accused Gautam Kumar who confessed that the said
pistol belongs to the petitioner.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from the co-accused Gautam Kumar. Learned counsel further
Patna High Court CR. MISC. No.5817 of 2026(2) dt.28-01-2026
2/2
submitted that petitioner has got no concern with the recovered
arms and ammunitions. Charge-sheet has been submitted in this
case. It has been submitted on behalf of the petitioner that the
petitioner is in custody since 17.07.2025 and has one criminal
antecedent. There is no compliance of Section 103 of the
Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Phulwari (Janipur)
P.S. Case No. 1104 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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