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Patna High Court

Abhishek KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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