Patna High Court
Anand Kumar @ AnthaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted regular bail to the petitioner.
Summary
Anand Kumar was arrested in connection with a case registered under Sections 25(1‑B)a, 26, 27 and 35 of the Arms Act. He pleaded innocence, asserting that no firearms were found on his person, that the seizure list was fabricated, and that he has no prior criminal record. The State opposed his bail application. The court noted that the alleged firearms had been recovered before the police, the investigation was completed, and that granting bail would not prejudice the prosecution, especially since the main witnesses are police personnel. Considering these factors and the petitioner’s clean antecedent, the court ordered regular bail on a bond of Rs.20,000 with two sureties. The bail was granted without any conditions that would impede the pending trial.
Issues considered
- Whether regular bail should be granted to the accused in an Arms Act case where the investigation is completed and the accused claims innocence.
- Whether the absence of a prior criminal record and the nature of the alleged evidence justify bail.
Legislation cited
- Arms Act — s. 25(1‑B)a, 26, 27, 35
Subjects
- bail
- Arms Act
- regular bail
- criminal procedure
- investigation completed
- no antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90021 of 2025
Arising Out of PS. Case No.-75 Year-2025 Thana- MARANCHI District- Patna
======================================================
Anand Kumar @ Antha, S/o- Kailash Mahto, Resident of Village- Naya
Kasha Diyara Simariya Ghat P.S- Maranchi District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tej Narayan Singh, Adv.
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 13-01-2026 1. Heard Mr. Tej Narayan Singh, learned counsel for
the petitioner and Mr. Navin Kumar Pandey, learned APP for the
State.
2. The petitioner seeks regular bail in connection with
Maranchi P. S. Case No. 75 of 2025, dated 28.08.2025 registered
for the offences punishable under Sections 25(1-B)a, 26, 27 and 35
of the Arms Act.
3. The main submissions advanced by the petitioner's
counsel are that the petitioner is quite innocent and all allegations
levelled in the F.I.R. are false and based on fabricated seizure list
prepared by the police. It is further submitted that the petitioner
neither pointed katta nor was any incriminating article recovered
from his possession. It is also submitted that the petitioner has
been in custody since 28.08.2025 and has no criminal antecedent.
Patna High Court CR. MISC. No.90021 of 2025(2) dt.13-01-2026
2/2
It is lastly submitted that the investigation has been completed
against this petitioner.
4. Learned APP appearing for the State has opposed the
bail prayer of the petitioner.
5. Considering the above submissions, averments made
in this application and taking into account the facts that the
recovery of the alleged firearms from the possession of this
petitioner is stated to have been made before the police personnel
and the investigation has been completed against this petitioner,
so, the release of this petitioner 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 police
personnel coupled with petitioner's fair and clean antecedent, this
court is inclined to release him on bail. Accordingly, let the
petitioner named-above be enlarged on bail in connection with
Maranchi P. S. Case No. 75 of 2025 on furnishing bail bond of Rs.
20,000/- (Rupees Twenty Thousand) with two sureties of the like
amount each to the satisfaction of the Court concerned.
(Shailendra Singh, J)
Rajiv/-
U T
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