Patna High CourtCR. MISC./27431/2026allowed

Akhilesh Kumar v. The State Of Bihar

2026-05-04Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27431 of 2026 Arising Out of PS. Case No.-36 Year-2026 Thana- CHARPOKHARI District- Bhojpur ====================================================== Akhilesh Kumar, S/O Shri Baliram Singh, R/O Village - Madarhan, P.SCharpokhari, Dist.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harsh Vardhan, Advocate For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. The case of the prosecution, in short, is that on the disclosure of this petitioner, a country made pistol was recovered from the bush.

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. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of this petitioener. The recovery was made from the bush. It has further

Patna High Court CR. MISC. No.27431 of 2026(2) dt.04-05-2026 2/2 been submitted that the seizure list witnesses are police personnel. Police has not complied Section 105 of the B.N.S.S. while making the seizure. Petitioner is languishing in judicial custody since 02.03.2026.

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

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 Judicial Magistrate 1st Class, Bhojpur at Ara in connection with Charpokhari P.S. Case No.36 of 2026.

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