Patna High Court

Ashik Kumar @ Ashik @ Chhotu @ Chhote SarkarversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Ashik Kumar, applied for regular bail in a case registered under IPC sections 399, 402, 414, 120B and Arms Act sections 25(1‑B)(a), 26 and 35. The prosecution’s case is based on a raid in which two co‑accused were arrested and, during interrogation, implicated the petitioner, although no incriminating article was recovered from his possession. The petitioner contended that the only evidence against him is the co‑accused’s statement and that he has been in custody for six months without any material linking him to the offence. The State opposed the bail, citing the seriousness of the charges. After considering the FIR, the investigation report, the absence of seized weapons from the petitioner, and the fact that a chargesheet had been filed, the court ordered that bail be granted on a bond of Rs.10,000 with two sureties.

Issues considered

Whether regular bail can be granted in a case involving offences under IPC sections 399, 402, 414, 120B and the Arms Act when the sole incriminating evidence is a co‑accused’s statement and no weapon was recovered from the petitioner.

Legislation cited

Arms Act — s. 25(1-B)(a), 26, 35
Indian Penal Code — s. 120B, 399, 402, 414

Subjects

regular bail
IPC
Arms Act
co‑accused testimony
false implication
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.876 of 2026
                      Arising Out of PS. Case No.-486 Year-2024 Thana- AGAMKUAN District- Patna
                 ======================================================
                 Ashik Kumar @ Ashik @ Chhotu @ Chhote Sarkar Son of Nankhu Mahto @
                 Ram Kishun Mahto @ Ram Krishan Mahto Resident of Village- Dhanuki
                 Jaipur, P.S.- Agam Kuan, District- Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Gajanan Mishra, Advocate
                 For the Opposite Party/s :      Mr. Aditya Narayan Singh.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   15-01-2026                      1. Heard learned counsel for the parties.

                                    2. The petitioner has preferred this application for

                   grant of regular bail in connection with Agamkuan P.S. Case

                   no.486 of 2024 registered under sections 399, 402, 414 and

                   120B of the Indian Penal Code and sections 25(1-B)(a), 26 and

                   35 of the Arms Act.

                                 3. As per the prosecution case, on information having

                   been received about accused persons having gathered and

                   planning to give effect to an occurrence, it is stated that a raid

                   was conducted. Two persons namely Raviraj Kumar and

                   Animesh Kumar were arrested and they disclosed the name of

                   the other accused who had managed to escape which included

                   the petitioner herein. The informant further states that various
Patna High Court CR. MISC. No.876 of 2026(2) dt.15-01-2026
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          incriminating articles including a loaded country made pistol

          etc. were recovered from the accused who were caught at the

          place of occurrence.

                      4. Learned counsel for the petitioner submits that from

          the contents of the FIR itself, it would transpire that the

          petitioner was neither arrested at the spot nor any incriminating

          article recovered from his possession. The only material against

          the petitioner is the statement of a co-accused made before

          police. The cause of false implication of the petitioner is his

          antecedent. The petitioner is in custody since 8.7.2025 and

          undertakes to cooperate in the investigation/trial.

                      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

          FIR, the material that has transpired in course of investigation as

          is evident from the order of the learned trial Court, no

          incriminating article having been recovered from the petitioner’s

          possession, the petitioner having remained in custody for 6

          months since 8.7.2025 and chargesheet having been submitted

          in the case, the Court directs the petitioner to be enlarged on bail

          in connection with Agamkuan P.S. Case no.486 of 2024 on
            Patna High Court CR. MISC. No.876 of 2026(2) dt.15-01-2026
                                                        3/3




                      furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with

                      two sureties of the like amount each to the satisfaction of the

                      learned Additional Chief Judicial Magistrate IV, Patna City,

                      District Patna.



                                                  (Partha Sarthy, J)
Saurabh/-

U      T

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