Ashutosh Kumar @ Ashutosh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20563 of 2026 Arising Out of PS. Case No.-413 Year-2025 Thana- KALYANPUR District- Samastipur ====================================================== Ashutosh Kumar @ Ashutosh Singh S/o Braj Kishore Mahto @ Birju Mahto @ Birju Singh R/o Village- Kalyanpur Ward No.2, P.S- Kalyanpur, DistSamastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Advocate Ms. Mili Kumari, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 31-03-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Kalyanpur P.S. Case No. 413 of 2025 registered for the offence punishable under Sections 25(1-b)a, 26 of the Arms Act.
3. The case of the prosecution, in short, is that from the house of this petitioner, one country made pistol and two live cartridges were 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. He also submits that nothing has been recovered from the possession of this petitioner. The witnesses of the seizure list are
Patna High Court CR. MISC. No.20563 of 2026(2) dt.31-03-2026 2/2 police personnel and the police has not complied with Section 105 of the BNSS while making the seizure. Moreover, the petitioner is languishing in judicial custody since 09.12.2025.
5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of two 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 Chief Judicial Magistrate, Samastipur in connection with Kalyanpur P.S. Case No. 413 of 2025.
(Ashok Kumar Pandey, J) Sudhanshu/- U T