Patna High Court
Abhay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner subject to bond, sureties and the condition that the order will cease if a charge‑sheet connects him to the offence.
Summary
The petitioner, Abhay Kumar, son of Late Shiv Lal Prasad, sought anticipatory bail fearing arrest in a case registered under Sections 25(1‑b)(a), 26 and 35 of the Arms Act and Section 37(2) of the Bihar Excise Act. The FIR named an accused who fled as Abhay Kumar Gond, leading the petitioner to claim a case of mistaken identity and harassment by the police. The State opposed the bail, arguing that if investigation later links the petitioner to the offence, material would be collected against him. The Court, after hearing both sides, granted anticipatory bail subject to a bond of Rs. 25,000 with two sureties and the condition that the order would lapse if a charge‑sheet implicates the petitioner. One surety was to be the petitioner’s brother‑in‑law, Jitendra Kumar Gond, and the order was made under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the identity confusion in the FIR
- Whether the petitioner can be considered an accused under the Arms Act and Bihar Excise Act
Legislation cited
- Arms Act — s. 25(1‑b)(a), 26, 35
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- identity confusion
- Arms Act
- Bihar Excise Act
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1096 of 2026
Arising Out of PS. Case No.-644 Year-2025 Thana- BUXAR District- Buxar
======================================================
Abhay Kumar S/O Late Shiv Lal Prasad Resident of village- Pandey Patti,
Police Station- Buxar (M), District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Kumar Mishra
For the Opposite Party/s : Ms.Pushpa Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 16-03-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 25(1-b)a,
26 and 35 of Arms Act and Section 37(2) Bihar Excise Act,
2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases and the informant
alleges that he received secret information that some unknown
accused under influence of alcohol armed with weapons are
coming to Buxar from Bharauli crossing (UP) in a white Maruti
Ertiga car. It is next alleged that the car was stopped when two
persons fled, but three accused were apprehended and the
apprehended accused disclosed their name as Ravi, Birendra
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and Md. Anish and they disclosed the name of the persons who
fled as Abhay Kumar Gond, son of Khublal Gond and Guddu
Chauhan, son of Birbal Chauhan. It is further alleged that the
apprehended persons were found in an intoxicated condition and
a country-made pistol was also recovered from the car.
4. Learned counsel for the petitioner submits that
name of the petitioner is Abhay Kumar and not Abhay Kumar
Gond. It is next submitted that in the FIR, the apprehended
accused disclosed the name of accused who fled as Abhay
Kumar Gond, son of Khublal Gond, whereas present petitioner
is Abhay Kumar, son of Late Shiv Lal Prasad, as such petitioner
is not the accused, whose name is in the FIR, but then police for
ulterior reason or for saving Abhay Kumar Gond, is
unnecessarily harassing the petitioner necessitating him to
approach this Court seeking anticipatory bail.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner and submits that no doubt
from perusal of the allegation as alleged in the FIR, it manifests
that the apprehended accused disclosed the name of Abhay
Kumar Gond, son of Khublal Gond as an accused, who fled
from the place of occurrence, but then it is submitted that name
of the petitioner is also Abhay Kumar though he claims to be
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son of Late Shiv Lal Prasad. It is next submitted that if what the
petitioner contends is true in that event the police after
investigation will definitely submit final form exonerating the
petitioner of the allegation, but if during the course of
investigation it is found that it was petitioner who had fled from
the place of occurrence then materials would be collected to
connect him with the offence.
6. After hearing the learned counsel for the parties,
the petitioner above-named, in the event of his arrest or
surrender within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs. 25,000/-
(Rupees Twenty-five Thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Buxar
(T) P.S. Case No. 644 of 2025, subject to the conditions as laid
down under Section 482 (2) of the BNSS.
7. One of the bailors of the petitioner shall be his
brother-in-law, Jitendra Kumar Gond.
8. At this stage, the learned APP submits that though
petitioner has described himself as Abhay Kumar son of Late
Shiv Lal Prasad, but then his brother-in-law is Jitendra Kumar
Gond, that amply demonstrates that the sister of the petitioner is
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married to Jitendra Kumar Gond. It is also submitted that if
petitioner does not belong to Gond community, then how come
his sister is married in the said community, on which the learned
counsel for the petitioner submits that the same is an aspect of
investigation.
9. It is made clear that if charge-sheet is submitted
connecting the petitioner with the offence, in that event, the
anticipatory bail order shall come to an end.
(Satyavrat Verma, J)
Sumit/-
U T
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