Patna High Court
Abhinav Kumar @ Abinav KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that anticipatory bail is appropriate given the petitioner’s clean antecedent and lack of direct incriminating evidence, subject to stipulated conditions.
Summary
Abhinav Kumar sought anticipatory bail after the police indicated he might be arrested in connection with a shooting incident under several sections of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 27 of the Arms Act. The prosecution alleged that unknown miscreants fired indiscriminately, injuring a victim, and the petitioner was implicated possibly due to prior enmity with the informant. The petitioner’s counsel argued that he had no direct involvement, no arms were found on him, and he possessed a clean criminal record as a student. The State opposed the bail, contending the seriousness of the charges. The Court, considering the petitioner’s clean antecedent and the nature of the allegations, granted anticipatory bail subject to a cash bond of Rs.10,000 and two sureties, with conditions under Section 482(2) of the B.N.S., 2023. The order directs the petitioner to surrender within six weeks if arrested.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the material on record justifies the issuance of a non-bailable warrant under the charged sections.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita — s. 109(1), 190, 191(2), 191(3), 292, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- false implication
- arms act
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20400 of 2026
Arising Out of PS. Case No.-833 Year-2025 Thana- ARA NAWADA District- Bhojpur
======================================================
Abhinav Kumar @ Abinav Kumar Son of Manoj Kumar Resident of
Vishnunagar Defence Colony, Police station -Ara Nawada District- Ara at
Bhojpur
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate.
Mr. Pushkar Prashant, Advocate.
Mr. Arun Kumar, Advocate.
For the Opposite Party/s : Mr. Shantanu Kumar, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 24-06-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Ara Nawada P.S. Case No.833 of 2025 instituted under
Section 190, 191(2), 191(3), 109(1), 292 of the B.N.S., 2023
and Section 27 of the Arms Act.
3. As per the prosecution case, the informant has
alleged that his son, namely, Ankit Kumar was returning home
alongwith his friends after playing cricket and was passing
through different locations. In the meantime, 5-6 unknown
miscreants covering their faces with mufflers created ruckus and
fired indiscriminately. During the said incident, one gunshot hit
Patna High Court CR. MISC. No.20400 of 2026(3) dt.24-06-2026
2/3
the victim on the back of his knee of left leg. Thereafter his
friend took him to Sadar Hospital where one of the hospital staff
informed the informant about the incident.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. He further submits that there is no specific allegation of
gun shot fire upon the petitioner, rather the allegation of fire is
attributed to other co-accused persons and due to previous
enmity with the informant, the name of petitioner has been
implicated in this case. Learned counsel submits that no arms or
ammunition have been recovered from the conscious possession
of petitioner. He further submits that petitioner is a student of
B.A. Part-I who has got clean antecedent and he undertakes to
cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation leveled against the petitioner as well as his
clean antecedent, in the event of arrest or surrender before the
Court below within six weeks from today, the petitioner be
released on bail upon furnishing bail bonds of Rs.10,000/-
Patna High Court CR. MISC. No.20400 of 2026(3) dt.24-06-2026
3/3
(Rupees Ten Thousand) with two sureties of the like amount to
each to the satisfaction of the learned Court of C.J.M., Bhojpur
at Ara/ concerned Court in connection with Ara Nawada P.S.
Case No.833 of 2025, subject to the conditions laid down in
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Sunil Dutta Mishra, J)
Ritik/-
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