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Patna High Court

Abhay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.1096 of 2026(3) dt.16-03-2026
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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
Patna High Court CR. MISC. No.1096 of 2026(3) dt.16-03-2026
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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
              Patna High Court CR. MISC. No.1096 of 2026(3) dt.16-03-2026
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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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