Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The Court held that the petitioner is entitled to bail, subject to conditions, despite the allegations.
Summary
The petitioner, Abhishek Kumar, sought bail fearing arrest in a case alleging offences under Sections 109 and 3(5) of the B.N.S., 2023 and several provisions of the Arms Act. The prosecution’s case was based on information from an informant who, after a firing incident, apprehended a co‑accused, Adarsh Kumar, and recovered a pistol and live cartridges from him; the petitioner’s name was mentioned only through secondary information. The petitioner argued that no arms were recovered from him, he had not been arrested, and he possessed a clean criminal antecedent. The State opposed bail, contending the seriousness of the alleged offences. The Court, after considering the facts, ordered that the petitioner be released on bail if he surrenders or is arrested within six weeks, upon furnishing a Rs.10,000 bond with two sureties and subject to verification of his antecedent, with provision for cancellation if concealment is discovered.
Issues considered
- Whether bail should be granted to the petitioner despite alleged involvement in offences under the B.N.S. and Arms Act.
- Whether the recovery of arms from a co‑accused and mere suspicion are sufficient grounds to deny bail.
- Whether the petitioner’s clean antecedent and lack of direct recovery of arms affect the bail decision.
Legislation cited
- Arms Act — s. 25(1-b)a, 26(i)(ii), 27, 35
- B.N.S., 2023 — s. 109, 3(5)
- B.N.S.S. — s. 482(2)
Subjects
- bail
- Arms Act
- Narcotic offences
- criminal antecedent
- suspicion
- co‑accused
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13352 of 2026
Arising Out of PS. Case No.-108 Year-2025 Thana- Vasudevpur District- Munger
======================================================
Abhishek Kumar Son of Sri Munchun Yadav Resident of Mohalla-
Choukhandi, P.S.- Basudeopur, District- Munger (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Nath Jha, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
3 01-04-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. appearing for the State.
2. The petitioner apprehends his arrest in connection
with Basudeopur P.S. Case No.108 of 2025, for having allegedly
committed offences under Sections 109 and 3(5) of the B.N.S.,
2023 as well as Sections 25(1-b)a/26(i)(ii) 27/35 of the Arms
Act.
3. As per the prosecution story, The informant, while
on patrolling duty received information about some unknown
persons involved in firing at Namagaon, Jharmahesh Bazar and
on such information, the informant reached there. He got secret
information that one Adarsh Kumar and his two associates,
Abhishek Kumar and Shivaji Kumar have indulged in firing and
thereafter the informant caught hold of Adarsh Kumar and from
Patna High Court CR. MISC. No.13352 of 2026(3) dt.01-04-2026
2/3
his possession, one country made pistol and two live cartridges
were recovered.
4. The learned counsel for the petitioner submits that
the name of the petitioner transpired to the informant through
reliable sources however, the petitioner was not arrested from
the spot and, therefore, there is no question of any recovery of
arms from the petitioner. It is also submitted that the petitioner
has got clean antecedent.
5. The learned A.P.P. for the State opposes the prayer
for bail.
6. Having heard the learned counsel for the parties, it
appears that the pistol and live cartridges were recovered from
the co-accused, Adarsh Kumar, who was arrested by the police
and only on suspicion, the name of the petitioner has transpired
and the petitioner has got clean antecedent.
7. Taking into consideration the facts aforesaid, let
petitioner, above-named, in the event of his arrest or surrender
within a period of six weeks, be released on bail on furnishing a
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
C.J.M., Munger in connection with Basudeopur P.S. Case
No.108 of 2025, subject to the conditions laid down under
Patna High Court CR. MISC. No.13352 of 2026(3) dt.01-04-2026
3/3
Section 482(2) of the B.N.S.S. with a further condition that:-
The learned court concerned shall verify the criminal
antecedent of the petitioner and in case at any stage it is found
that the petitioner has concealed his criminal antecedent, the
court concerned shall take steps for cancellation of bail bond of
the petitioner. However, the acceptance of bail bond in terms of
the above-mentioned order shall not be delayed for purpose of
or in the name of verification.
(Ritesh Kumar, J.)
Sanjay/-
U T
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