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Patna High Court

Awanish Kumar @ Avnish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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