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Patna High Court

Akash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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