Patna High Court
Abhishek Kumar @ Abhishek AnandversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail and ordered the petitioner’s release on condition of bond and sureties.
Summary
The petitioner, Abhishek Kumar, was arrested in connection with a case involving alleged possession of arms and large quantities of liquor recovered from a rented house of a co-accused. The prosecution alleged violations of Sections 25(1‑b), 26 and 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act, while the petitioner claimed he had no direct possession of the seized items and was falsely implicated. He had been in custody since 8 October 2025 and possessed two prior criminal records, but no incriminating material was found on him. The State opposed bail, arguing the seriousness of the offences, whereas the petitioner’s counsel highlighted the lack of personal possession and procedural lapses under Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering the circumstances, the Court granted bail on a bond of Rs 15,000 with two sureties and imposed conditions regarding family surety and regular court appearances.
Issues considered
- Whether bail should be granted to the petitioner despite the nature of the offences under the Arms Act and the Bihar Prohibition and Excise Act.
- Whether the procedural requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, have been complied with.
- Whether the petitioner’s lack of personal possession of the seized arms and liquor justifies bail.
Legislation cited
- Arms Act — s. 25(1-b), 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Subjects
- bail
- Arms Act
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- possession of arms
- liquor seizure
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1452 of 2026
Arising Out of PS. Case No.-370 Year-2025 Thana- PARSABAZAR District- Patna
======================================================
Abhishek Kumar @ Abhishek Anand S/O Sanjay Singh R/O Sipara Gandhi
Murti, P.S- Beur, Dist- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ghanshyam Tiwary, Advocate
For the Opposite Party/s : Mr.Nand Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Parsa
Bazar P.S. Case No. 370 of 2025, instituted for the offences
punishable under Section 25(1-b), 26 and 35 of the Arms Act
and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 220.05
liters liquor was recovered from rented room of the co-accused.
It is alleged that 04 magazine, one country made pistol and four
live cartridges have also been recovered. Petitioner was arrested
on the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.1452 of 2026(2) dt.19-01-2026
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present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. The alleged
recovery has been made from the rented house of co-accused
Abhay Kumar and petitioner disclosed that the alleged arms
belonged to co-accused. The petitioner is in custody since
08.10.2025 and has got two criminal antecedents. There is no
compliance of Section 103 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Parsa Bazar P.S.
Case No. 370 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.1452 of 2026(2) dt.19-01-2026
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fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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