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Patna High CourtCR. MISC./21493/2026allowed

Ankit Kumar @ Gungun Rai @ Gungun Kumar v. The State Of Bihar

2026-04-06Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21493 of 2026 Arising Out of PS. Case No.-32 Year-2025 Thana- NARAINPUR District- Bhojpur ====================================================== Ankit Kumar @ Gungun Rai @ Gungun Kumar, Son of Yugeshwar Ray Resident of Village- Baruhi, P.S.- Sahar, Dist- Bhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Kumar, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Narainpur P.S. Case No.32 of 2025 registered for the offence punishable under Sections 25(1-B)(a) and 26 of the Arms Act.

3. The case of the prosecution, in short, is that one country made pistol and one live cartridge were recovered from the bamboo clamps and one bike was also recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. From perusal of the seizure list itself it is clear that the recovery has been made from bamboo clamps not from the possession of this petitioner. The witnesses of the seizure list are police personnel. Police has not complied Section 105 of the B.N.S.S. while making the

Patna High Court CR. MISC. No.21493 of 2026(2) dt.06-04-2026 2/2 seizure. Petitioner is languishing in judicial custody since 17.04.2025.

5. Learned APP appearing for the State has vehemently opposed the application for bail and has submitted that petitioner is having criminal antecedent of eight cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Bhojpur at Ara in connection with Narainpur P.S. Case No.32 of 2025 with the following conditions:- (i) One of the bailors shall be near relative of the petitioner.

(ii) Petitioner shall cooperate in trial and shall remain physically present on each and every date in the learned Trial Court.

(iii) He shall also mark his attendance weekly at Sahar P.S.

(Ashok Kumar Pandey, J) lata/- U T