Patna High Court
Akash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANJAY KUMAR SINGH
Holding
The court held that the petitioner is entitled to bail and allowed the bail application.
Summary
Akash Kumar was arrested in connection with a case involving illegal possession of a pistol and cartridges, and was charged under Sections 25(1‑B)(a), 26 and 35 of the Arms Act. He filed a bail application seeking enlargement of bail while the trial is pending, claiming innocence and alleging false implication. The prosecution relied on his confessional statement recorded in a related case (Bodhi Bigha P.S. Case No. 79/2024) and the recovery of the weapon. The court examined the seriousness of the offence, the possibility of tampering with evidence or witnesses, the petitioner’s prior bail in the related case, and the likelihood of flight. Finding no material risk of justice being thwarted and noting the petitioner’s willingness to cooperate, the court granted bail on a bond of Rs 25,000 with several conditions. The order expressly limited its effect to the bail application and did not comment on the merits of the underlying criminal case.
Issues considered
- Whether bail should be granted to an accused under Sections 25(1‑B)(a), 26 and 35 of the Arms Act considering the nature of the offence, seriousness of punishment, and risk of tampering or flight.
- Whether the petitioner’s prior bail in a related case and his alleged confessional statement affect the grant of bail in the present case.
Legislation cited
- Arms Act — s. 25(1‑B)(a), 26, 35
- Bihar Narcotic Substances Act — s. 103, 309(6)
Subjects
- bail
- Arms Act
- confessional statement
- trial pending
- court discretion
- bond conditions
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 91250 of 2025
Arising Out of PS. Case No.-101 Year-2024 Thana- DUMARIYA District- Gaya
======================================================
Akash Kumar S/o- Kamlesh Paswan Village- Pokharpur PS-Bodhi Bigha
Distt- Gaya ... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Paras Nath
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH
ORAL ORDER
2 15-01-2026 1. By means of this bail application, petitioner, who is
involved in connection with Dumaria P.S. Case No. 101 of 2024
registered for the offences under Sections 25(1-B)(a), 26,35 of
the Arms Act seeks enlargement on bail during the pendency of
trial.
2. Heard learned counsel for the petitioner and learned
Additional Public Prosecutor representing the State.
3. The prosecution story in short, is that the informant got
information on 25.12.2024 by SHO, about arresting of the
accused persons namely Akash Kumar, Suraj Kumar and
Ramraj with respect to Bodhi Bigha P.S. Case No.79/2024 and
after his confession about his involvement in the said case, one
pistol and two cartridges have been recovered at the pointing out
of the petitioner from the house of one Funjay Paswan (Mausa
of the petitioner).
4. It is argued by learned counsel for the petitioner that
petitioner is innocent and he has been falsely implicated in this
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case due to ulterior motive. It is further argued by the learned
counsel for the petitioner that one F.I.R. was lodged on
25.12.2024 under Section 309 (6), 103 of BNS at Bodhi Bigha
Police Station bearing Bodhi Bigha P.S. Case No. 79 of 2024
against unknown persons. In connection with said case, the
petitioner (Akash Kumar), Suraj Kumar and Ramraj were
apprehended by the police on 26.12.2024 and thereafter on the
basis of his alleged confessional statement shown recovery of
one country made pistol and two cartridges at the pointing of the
petitioner from the house of Funjay Paswan (Mausa of the
petitioner) and thereafter, he has been implicated in the present
case for the offences punishable under Sections 25(1-B)(a),
26,35 of the Arms Act. It is also pointed out that in Bodhi Bigha
P.S. Case No. 79 of 2024, the petitioner has been granted bail by
a co-ordinate Bench of this Court vide order dated 14.11.2025
passed in Cr. Misc. No. 75594 of 2025. The petitioner, has
criminal history of one case in which he is on bail. Averments in
this regard have been mentioned in paragraph no.3 of the bail
application. Several other submissions in order to demonstrate
the falsity of the allegations made against the petitioner have
also been placed forth before the Court. Lastly, it is submitted
that petitioner is languishing in jail since 13.01.2025 and in case
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he is released on bail, he will not misuse the liberty of bail and
cooperate with the trial.
5. Per contra, learned Additional Public Prosecutor for the
State opposed the prayer for bail of the applicant reiterating the
prosecution case as mentioned in F.I.R. but he does not dispute
the averment made in bail application and the submission made
at the bar on behalf of the petitioner.
6. Having heard the submissions of learned counsel for
the parties and perused the record, I find that the petitioner has
been made accused on the basis of his confessional statement
recorded in Bodhi Bigha P.S. Case No. 79 of 2024 in which he
is on bail. The investigation has been completed and charge-
sheet has been submitted against the petitioner. Now there is no
possibility of tampering with the witnesses. Due to heavy docket
of the cases, the possibility of conclusion of trial of the
petitioner in near future is very bleak. There is no chance of the
petitioner, of fleeing away from the judicial process or
tampering with the prosecution evidence. As on date there is no
material on record to presume that there is danger, of course, of
justice being thwarted by grant of bail to the petitioner.
7. In view of the above, without entering into merit of the
case, keeping in view the nature of the offence, evidence,
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severity of punishment, complicity of the petitioner,
submissions of the learned counsel for the parties made at the
bar and reasons as noted above, this Court is of the opinion that
the petitioner is liable to be released on bail.
8. Accordingly, the bail application of the petitioner
stands allowed.
9. Let the petitioner namely, Akash Kumar be released on
bail in the aforesaid case on furnishing bail bond of Rs. 25,000/-
(Rupees Twenty Five Thousand only) with two sureties each in
the like amount to the satisfaction of the Court concerned with
the following conditions:-
(i) That the petitioner shall cooperate with the expeditious
disposal of the trial and shall regularly attend the Court unless
inevitable. Two consecutive default in putting appearance shall
lead to an action towards cancellation of the bail bond of the
petitioner.
(ii) That the petitioner shall not directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the Court or to any police officer or
tamper with the evidence.
(iii) That the petitioner shall not directly or indirectly
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involve in any criminal activity after being released on bail.
(iv) In case, at any stage it is found that the petitioner has
disclosed his incomplete criminal history before this Court,
learned Court below shall cancel the bail bonds of the petitioner
after hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(v) In case, it is brought to the notice of the Court below
that statement regarding previous bail petition is wrong, learned
Court below shall cancel the bail bonds of the petitioner.
10. It is clarified that anything said in this order is limited
to the purpose of determination of this bail application and will
in no way be construed as an expression on the merits of the
case. The trial court shall be absolutely free to arrive at its
independent conclusions on the basis of evidence led unaffected
by anything said in this order.
11. The trial Court shall make an endeavour to conclude
the trial of the petitioner expeditiously without granting
unnecessary adjournment to either of the parties.
(Sanjay Kumar Singh , J)
Saif/-
U T
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