Patna High Court
Awanish Kumar @ Avnish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court held that bail must be granted as the investigation is complete, the accused is young, and the main witnesses are police personnel, so bail will not affect the prosecution.
Summary
The petitioner, Awanish Kumar, was arrested in connection with the recovery of a country-made pistol and charged under Sections 25(1‑B)(a) and 26 of the Arms Act. He applied for regular bail, arguing that he has no prior criminal record, the weapon was recovered solely from his possession before any independent persons, and the investigation is complete. The State opposed the bail. The court considered the petitioner’s young age, the length of his custody, and the fact that the principal prosecution witnesses are police officers, concluding that granting bail would not prejudice the trial. Accordingly, the court ordered his release on bail upon furnishing a bond of Rs.20,000 with two sureties. The bail order was pronounced by Justice Shailendra Singh.
Issues considered
- Whether regular bail should be granted to the accused under Sections 25(1‑B)(a) and 26 of the Arms Act considering the completed investigation and the nature of prosecution witnesses?
Legislation cited
- Arms Act — s. 25(1-B)(a), 26
Subjects
- regular bail
- Arms Act
- Section 25(1‑B)(a)
- Section 26
- investigation completed
- police witnesses
- young accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86900 of 2025
Arising Out of PS. Case No.-256 Year-2025 Thana- TEGHRHA District- Begusarai
======================================================
Awanish Kumar @ Avnish Kumar S/O Late Ramvilash Singh @ Ramvilash
Singh R/O Ward No. 1, Nayajnagar, Dularpur, Dularpur Pethiyaghachhi,
Nayanagar, P.S- Teghra, Begusarai, Bihar- 851133.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Keshav Bhardwaj, Advocate
For the State : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 09-01-2026 Heard Mr. Keshav Bhardwaj, learned counsel for
the Petitioner and Mr. Madhura Nand Jha, learned APP for the
State.
2. Petitioner seeks regular bail in connection with
Teghra P.S. Case No. 256 of 2025 dated 20.08.2025 registered
for the offence punishable under Sections 25(1-B)(a) and 26 of
the Arms Act.
3. The main submissions advanced by the petitioner’s
counsel are that the recovery of a country-made pistol, that too
without any bullet, is said to have been made from the
possession of the petitioner before police personnel only and not
before independent persons, the petitioner bears no criminal
antecedent and has been languishing in jail since 20.08.2025
Patna High Court CR. MISC. No.86900 of 2025(2) dt.09-01-2026
2/2
and the investigation against him has been completed, therefore,
the release of the petitioner on bail at this stage will not affect
the prosecution in any manner, as the main prosecution
witnesses who are to be examined in the trial of the petitioner
are official persons.
4. Learned APP for the State has opposed the prayer
for bail of the petitioner.
5. Considering the aforesaid submissions, mainly the
petitioner’s young age, his period of custody, coupled with the
fact that in the trial of the petitioner the main prosecution
witnesses who are to be examined are police personnel, the
release of the petitioner will not affect the prosecution in any
manner at this stage and also, taking into account the
completion of investigation against the petitioner, this Court is
inclined to release him on bail. Accordingly, let the petitioner
named-above be released on bail on furnishing bail bond of Rs.
20,000/- (Rupees Twenty Thousand) with two sureties of the
like amount each to the satisfaction of the concerned Court in
connection with Teghra P.S. Case No. 256 of 2025.
(Shailendra Singh, J)
maynaz/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.