Patna High Court
Avinash Kumar @ Avinash Bharti @ Abhinash Kumar @ Abhinash Bharti @ BabaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 25(1-B)(a), 26, 35
- Bihar Narcotic Substances Act, 2023 — s. 310(4), 310(5), 310(6), 317(3), 317(5)
- Code of Criminal Procedure, 1973 — s. 100
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
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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
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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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