Patna High Court
Akash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Arms Act — s. 25(1-B)a, 26
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
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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
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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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