Patna High Court
Akhilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Akhilesh Kumar, was arrested following a raid at a co-accused's house where firearms, cartridges, and liquor were seized. No incriminating items were found at the petitioner's residence and he has no prior criminal record. He had been in custody for over five months since September 6, 2025, and a chargesheet had been filed. The petitioner applied for regular bail under the Bharatiya Nyaya Sanhita, the Arms Act, and the Bihar Prohibition and Excise Act, arguing false implication. The High Court, after considering the lack of material against him and his clean antecedent, granted bail on a bond of Rs.10,000 with two sureties, subject to possible cancellation if a criminal antecedent later emerges.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 despite the seriousness of the offences and the filing of a chargesheet.
- Whether the absence of any incriminating article recovered from the petitioner's premises and his lack of prior criminal record justify the grant of bail.
Legislation cited
- Arms Act, 1959 — s. 25(1-B)a, 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5), 3(5)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- regular bail
- bail bond
- Arms Act
- Prohibition Act
- custody
- chargesheet
- no criminal antecedent
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89689 of 2025
Arising Out of PS. Case No.-518 Year-2025 Thana- BARH District- Patna
======================================================
Akhilesh Kumar S/o Jageshwar Yadav Resident of Village- Laheria Pokhar,
P.S.- Barh, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prem Kumar, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 24-02-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Barh P.S. Case no. 518
of 2025 registered under sections 317(5) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023, sections 25(1-B)a, 26 and 35 of
the Arms Act, 1959 and section 30(a) of the Bihar Prohibition
and Excise Act, 2016.
3. As per the prosecution case, on a raid being
conducted in the house of one Rajendra Yadav, it is stated that
two country made pistols, two live cartridges, 22.65 litres of
IMFL and 7 empty cartridges were recovered and the three
Patna High Court CR. MISC. No.89689 of 2025(3) dt.24-02-2026
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accused persons including the petitioner herein were taken into
custody.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. Accepting the
allegations levelled in the FIR, no incriminating article has been
recovered from the house of the petitioner. The alleged recovery is
from the house of co-accused Rajendra Yadav. The petitioner is in
custody since 6.9.2025 and has no criminal antecedent.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR, the petitioner being in custody for more than five
months since 6.9.2025, chargesheet having been submitted in
the case and specially the petitioner not having any criminal
antecedent, the Court directs the petitioner to be enlarged on bail in
connection with Barh P.S. Case no. 518 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 Exclusive Special
Judge Excise, Barh (Patna).
7. It may be observed here that in case it transpires
that the petitioner had criminal antecedent, the prosecution will
Patna High Court CR. MISC. No.89689 of 2025(3) dt.24-02-2026
3/3
be at liberty to move this Court for cancellation of bail of the
petitioner.
(Partha Sarthy, J)
sauravkrsinha/-
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