Patna High Court
Akash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Akash Kumar, was arrested in connection with a case under the Bhartiya Nyaya Sanhita and the Arms Act after a search recovered a loaded pistol from a co-accused and a mobile phone from his possession. He contended that he was falsely implicated and that no incriminating article was found on him, emphasizing his lack of any criminal antecedent and his four‑month custody since 13 September 2025. The State opposed his regular bail application. The court considered the allegations in the FIR, the fact that a charge‑sheet had been filed, and the petitioner’s clean record, and concluded that continued detention was unwarranted. Accordingly, the court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties. The order was pronounced by Justice Partha Sarthy of the Patna High Court.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 111(3) of the Bhartiya Nyaya Sanhita, 2023 in view of the allegations and evidence.
- Whether the recovery of a mobile phone from the petitioner’s possession justifies denial of bail.
- Whether the petitioner’s lack of criminal antecedent and prolonged pre‑trial detention warrant the grant of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bhartiya Nyaya Sanhita, 2023 — s. 111(3)
Subjects
- bail
- regular bail
- pre‑trial detention
- Arms Act
- Bhartiya Nyaya Sanhita
- false implication
- no criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6324 of 2026
Arising Out of PS. Case No.-374 Year-2025 Thana- KHAJEKALA District- Patna
======================================================
Akash Kumar S/o Ramnath Yadav R/o Mohalla - Tedhi Ghat, P.S -
Khajekalan, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Pradhan, Advocate
Mr. Krishna Gond, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 04-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Khajekalan P.S. Case
no.374 of 2025 registered under section 111(3) of the Bhartiya
Nyaya Sanhita, 2023 and sections 25(1-B)(a), 26 and 35 of the
Arms Act.
3. As per the prosecution case, on a search being
conducted while a loaded country made pistol was recovered
from the possession of the co-accused, it is stated that from the
possession of the petitioner, a mobile phone was recovered.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. No
incriminating article has been recovered from his possession.
Patna High Court CR. MISC. No.6324 of 2026(2) dt.04-02-2026
2/2
The petitioner is in custody since 13.9.2025 and has no criminal
antecedent.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the FIR, the petitioner having remained in custody for 4 months
since 13.9.2025, charge-sheet having been submitted in the case
and the petitioner not having any criminal antecedent, the
petitioner is directed to be enlarged on bail in connection with
Khajekalan P.S. Case no.374 of 2025 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Patna City, Patna.
(Partha Sarthy, J)
Shiv/-
U T
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