Patna High Court
ABHISHEK KUMAR @ LANGTAHAWAversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court granted anticipatory bail to the petitioner, subject to strict conditions, as the recovery was from a vehicle not belonging to him and identification was unreliable.
Summary
The petitioner, Abhishek Kumar, sought anticipatory bail in a case under Sections 25(1‑b)a, 26 and 35 of the Arms Act after a pistol and live cartridge were recovered from a motorcycle that, according to the prosecution, he was identified as riding. The petitioner argued that the identification was unreliable, the seized weapon was found on a motorcycle belonging to another person of the same name, and that he was falsely implicated despite having four prior criminal cases. The State opposed bail, contending that the recovery was factual and the petitioner’s name matched the owner’s. The High Court noted that the seizure was from a vehicle not owned by the petitioner and that identification was doubtful, and therefore granted anticipatory bail with stringent conditions, including surety, regular reporting to the Superintendent of Police, and verification of criminal antecedents. The order emphasized that its observations would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Arms Act when the seized weapon was recovered from a motorcycle not owned by him.
- Whether the identification of the petitioner by a chowkidar under street‑light conditions is reliable.
- Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.
Legislation cited
- Arms Act — s. 25(1‑b)a, 26, 35
- Criminal Procedure Code — s. 482
Subjects
- anticipatory bail
- Arms Act
- identification
- false implication
- criminal antecedents
- bail conditions
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1972 of 2026
Arising Out of PS. Case No.-204 Year-2025 Thana- Lakho District- Begusarai
======================================================
Abhishek Kumar @ Langtahawa, Son of Shankar Singh Resident of village -
Bhairwar, Ward No.- 5, P.S.- Lakho, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate
Mr. Pushpendra Kumar Singh, Advocate
Ms. Divya Bharti, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 24-02-2026 Heard learned senior counsel for the petitioner and the
learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest
in connection with Lakho P.S. Case No. 204 of 2025 instituted
for the offences punishable under Sections 25(1-b)a, 26 and 35
of the Arms Act.
3. The prosecution case is to the effect that the
informant has alleged that on 06.10.2025 at around 11.30 P.M.
he along with other police personnel were on night patrolling
and they saw few persons were coming on a motorcycle, who on
seeing the police fled away. The motorcycle was searched and it
was found that from the seat of the motorcycle one country
made pistol along with one live cartridge was recovered.
Patna High Court CR. MISC. No.1972 of 2026(3) dt.24-02-2026
2/4
4. Learned senior counsel for the petitioner submits
that in the street light the petitioner was identified by the local
Chowkidar and thereafter the seizures were made. Learned
counsel for the petitioner has submitted that the petitioner has
falsely been implicated merely because he carries four criminal
antecedents. It is submitted that the petitioner has been made an
accused in a case of Arms Act however admittedly no recovery
has been made from his conscious possession and rather the
same was recovered from the motorcycle which belongs to one
Abhishek Kumar, son of Vijay Singh which would be evident
from the registration certificate which has been brought on
record by way of Annexure P-2. It has further been submitted
that the petitioner coincidentally is also having the same name
as that of the owner of the motorcycle and it was on such
confusion the petitioner has been made an accused. It has next
been submitted that there is no witness to the said occurrence
and the identification of the petitioner, with the help of street
light is, in fact, improbable. It has lastly been submitted that the
petitioner has four criminal antecedents.
5. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for anticipatory bail and has
referred to the counter affidavit filed on behalf of the Dy. S.P.,
Patna High Court CR. MISC. No.1972 of 2026(3) dt.24-02-2026
3/4
Begusarai in which it has been stated that the plea being taken
by the petitioner with regard to false implication as the
motorcycle belongs to one Abhishek Kumar, son of Vijay Singh
cannot be accepted for the fact that they are two separate
persons and it is a chance that the petitioner’s name and the
name of the owner of the motorcycle is also Abhishek and it has
though not been controverted admittedly that the pistol and the
live cartridge was recovered from the motorcycle which belongs
to the other Abhishek Kumar, son of Vijay Singh.
6. Considering the facts and circumstances of the case
and taking into account that the recovery has been made from
the seat of the motorcycle which does not belongs to the
petitioner, the petitioner is directed to be released on bail, in the
event of his arrest or surrender before the court below within a
period of four weeks from the date of receipt/production of a
copy of this order, on his furnishing bail bonds in the sum of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Judicial Magistrate 1st
Class, Begusarai in connection with Lakho P.S. Case No. 204 of
2025, subject to the conditions as laid down under Section 482
of the BNSS and subject to the following conditions:-
(i) One of the bailors will be a close
relative of the petitioner and the other shall be a
local resident:
Patna High Court CR. MISC. No.1972 of 2026(3) dt.24-02-2026
4/4
(ii) the petitioner will remain present on
each and every date fixed by the Court below, if so
required by the learned Trial Court;
(iii) in case of absence on two
consecutive dates or in violation of the terms of the
bail, the bail bonds of the petitioner will liable to be
cancelled by the Court concerned;
(iv) 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 bonds of the
petitioner. However, the acceptance of bail bonds in
terms of the above mentioned order shall not be
delayed for purpose of the same on in the name of
verification.
(vi) in view of the antecedents of the
petitioner, the petitioner is directed to appear before
the Superintendent of Police concerned within
fifteen days of his release with a copy of this order
and every two weeks thereafter for the next nine
months. The conduct of the petitioner will be kept
under watch in this period by the Superintendent of
Police concerned and if it is found wanting in any
respect, a report shall be made to the court
concerned by him to initiate a proceeding for
cancellation of bail for reasons of misuse of bail.
After reporting to the Superintendent of Police, a
certificate will be filed by the petitioner before the
court concerned.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
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