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Patna High Court

Avinash Kumar @ Avinash Bharti @ Abhinash Kumar @ Abhinash Bharti @ BabaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and specific conditions.

Summary

Avinash Kumar was arrested on 27-04-2025 in connection with a FIR alleging offences under the Bihar Narcotic Substances Act, 2023 and the Arms Act, with a pistol, cartridge, Aadhar cards and mobile phones seized from his bag. He applied for bail, claiming innocence and alleging procedural lapses, while the prosecution opposed bail citing three prior criminal antecedents. The court examined the seriousness of the charges, the alleged non‑compliance with Section 100 of the Cr.P.C., and the petitioner’s criminal history. Considering the circumstances, the court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of personal appearance, non‑tampering with evidence, and verification of antecedents. The bail order was subject to cancellation if the petitioner fails to comply with the stipulated conditions.

Issues considered

  • Whether bail should be granted to the petitioner despite the gravity of offences under the Bihar Narcotic Substances Act, 2023 and the Arms Act.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
  • Whether there was any violation of Section 100 of the Criminal Procedure Code/Section 103 of the B.N.S.S. affecting bail eligibility.

Legislation cited

Subjects

  • bail
  • criminal antecedents
  • Arms Act
  • Bihar Narcotic Substances Act
  • high court
  • conditions of bail
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1500 of 2026
                     Arising Out of PS. Case No.-75 Year-2025 Thana- MOHIUDDIN NAGAR District-
                                                        Samastipur
                 ======================================================
                 Avinash Kumar @ Avinash Bharti @ Abhinash Kumar @ Abhinash Bharti @
                 Baba S/O Vijay Bharti R/O village - Baundih Asli, Police Station - Shahpur
                 Patori , District - Samastipur

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Mahendra Pratap
                 For the Opposite Party/s :      Mr. Pawan Kumar Chaurasia
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   16-01-2026                      Heard Mr. Mahendra Pratap, learned counsel for the

                   petitioner and Mr. Pawan Kumar Chaurasia, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   27.04.2025 in connection with Mohiuddinagar P.S. Case No. 75

                   of 2025, F.I.R. dated 27.04.2025 for the offences punishable

                   under Sections 310(4), 310(5), 310(6), 317(3) and 317(5) of the

                   BNS, 2023 and Section 25(1-B)(a), 26 and 35 of the Arms Act.

                               3.     According to prosecution case, upon a secret

                   information the informant along with police personnel reached

                   at the cattle house of Durgesh Kumar. Upon seeing the police al

                   the accused persons tried to fled away but five persons including

                   this petitioner was apprehended and on search one desi pistol,
Patna High Court CR. MISC. No.1500 of 2026(2) dt.16-01-2026
                                            2/3




          one live cartridge, three aadhar cards and two mobile phones

          were recovered from the bag of the petitioner.

                      4. Learned counsel for the petitioner submits that

          petitioner is innocent and he has falsely been implicated in the

          present case. It appears from the F.I.R as well as seizure list that

          one country made pistol, one live cartridge, three aadhar cards

          and two mobile phones were recovered from the bag of the

          petitioner. He further submits that there is non-compliance of

          Section 100 of the Cr.P.C./103 of the B.N.S.S. He further

          submits that the police after investigation submitted the charge

          sheet against the petitioner. The petitioner is in custody since

          27.04.2025.

                      5.    Learned       Additional          Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that petitioner carries three criminal antecedents other

          than the present one.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned S.D.J.M,

          Shahpur Patori, Samastipur in connection with Mohiuddinagar

          P.S. Case No. 75 of 2025, subject to the following conditions:-
            Patna High Court CR. MISC. No.1500 of 2026(2) dt.16-01-2026
                                                        3/3




                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below 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 below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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