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Patna High Court

Akash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to bond and conditions.

Summary

Akash Kumar was arrested with his motorcycle after police recovered a 7.65 mm semi‑automatic pistol with an empty magazine from him, leading to charges under Sections 25(1‑B)a and 26 of the Arms Act. The petitioner contended that the pistol was planted, the vehicle belonged to his brother, there were no cartridges, and the seizure violated Section 103 of the Bihar Non‑Compulsory Search and Seizure Act (BNSS). He had been in custody since 15‑08‑2025, had a clean antecedent, and a charge‑sheet had been filed. The State opposed bail. Considering the circumstances, the period of custody, and the charge‑sheet, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS. The bail order required the petitioner’s presence at all court dates and stipulated cancellation of bail for non‑compliance.

Issues considered

  • Whether bail should be granted to the accused in offences under Sections 25(1‑B)a and 26 of the Arms Act.
  • Whether the seizure of the pistol complied with Section 103 of the Bihar Non‑Compulsory Search and Seizure Act.

Legislation cited

Subjects

  • bail
  • Arms Act
  • seizure
  • Section 103
  • BNSS
  • false implication
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6050 of 2026
                 Arising Out of PS. Case No.-349 Year-2025 Thana- SHAHPUR PATORI District- Samastipur
                 ======================================================
                 Akash Kumar S/o Late Dhananjay Kumar @ Dhananjay Kumar Resident of -
                 Nagli Bihar, Nazafgadh Das Garden, Gali No. 28, Block - B, House No.
                 65/15, P.S - Ranaula, District - Nazafgadh, (Delhi), At present - Khesra No.
                 65/15, Gali No. 28, B Block, Das Garden, Baprola, Nazafgadh South West,
                 Delhi

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dilip Kumar Roy, Adv.
                 For the Opposite Party/s :       Mr.Ram Sumiran Rai, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   04-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

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

                   connection with Shahpur Patori P.S. Case No. 349 of 2025,

                   registered for the offences under Sections 25(1-B)a, 26 of the

                   Arms Act.

                                 3. As per the prosecution case, petitioner with his

                   motorcycle was apprehended and recovery of 7.65 mm semi

                   automatic pistol with empty magazine was made from the

                   petitioner.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.6050 of 2026(2) dt.04-02-2026
                                            2/3




          case. The seizure list witnesses are police personnel and there is

          non-compliance of Section 103 of the BNSS. The vehicle seized

          from the petitioner belongs to his elder brother. The recovery of

          pistol is planted and moreover there was no cartridge in it hence

          no offence under Arms Act is made out against the petitioner.

          The petitioner is in custody since 15.08.2025 and he is having

          clean antecedent. Charge sheet has been submitted.

                       5. Learned APP appearing for the State opposes the

          submission made on behalf of the petitioner.

                       6. Having regard to the fact and circumstances and

          submission made on behalf of the parties and considering the

          period of custody and submission of charge sheet, the petitioner

          is directed to be released on bail, on furnishing bail bonds of

          Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties

          of the like amount each to the satisfaction of learned ACJM,

          Patori/concerned court, in connection with Shahpur Patori P.S.

          Case No. 349 of 2025, subject to the condition laid down under

          Section 480(3) of the BNSS and other following conditions:

                                  (i) One of the bailors will be the mother

                                  of the petitioner and other bailor will be a

                                  local person.

                                  (ii) The petitioner will remain present on
             Patna High Court CR. MISC. No.6050 of 2026(2) dt.04-02-2026
                                                         3/3




                                               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)
Anuradha/-

U      T


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