Patna High Court
Abhay Kumar @ Bholu Vishwakarma @ BholaversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court refused to grant anticipatory bail to the petitioner.
Summary
The petitioner, Abhay Kumar Vishwakarma, sought anticipatory bail in connection with FIR No. 337/2025 alleging offences under the Bihar Narcotic Substances Act, 2023 and the Arms Act. The prosecution alleged that the petitioner, along with co‑accused, fired upon an informant, causing grievous injury. The petitioner contended he had a clean antecedent and was only implicated later through confessional statements of co‑accused, asserting that he was not originally named in the FIR. The State opposed the bail, arguing the seriousness of the offences and the credibility of the co‑accused statements. The Court, after considering the material on record, declined to grant anticipatory bail, finding sufficient grounds to proceed with the criminal trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the confessional statements of co‑accused can substantiate the inclusion of the petitioner in the FIR
- Whether the nature of the offences under the Bihar Narcotic Substances Act, 2023 and the Arms Act warrant denial of anticipatory bail
Legislation cited
- Arms Act, 1959 — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 126(2), 3(5)
Subjects
- anticipatory bail
- FIR
- confessional statement
- Arms Act
- Bihar Narcotic Substances Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23715 of 2026
Arising Out of PS. Case No.-337 Year-2025 Thana- SHERGHATI District- Gaya
======================================================
Abhay Kumar @ Bholu Vishwakarma @ Bhola Son of Om Vishwakarma @
Umashankar Vishwakarma @ Umashankar Mistri Resident of Mohalla-
Ramana, Sherghatti, P.S.- Sherghatti, District- Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar Singh, Advocate
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 09-07-2026 Heard Mr.Arvind Kumar Singh, learned counsel for
the petitioner and Mr.Uma Shankar Prasad Singh, learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Sherghati P.S. Case No. 337 of 2025, F.I.R.
dated 20.07.2025 for the offences punishable under Sections
109, 126(2), 115(2) and 3(5) of the BNS, 2023 and Section 27
of the Arms Act.
3. According to prosecution case, while the informant
was walking in the garden, three accused persons on motorcycle
overtook him and co-accused Danish Ekbal fired upon him due
to which he received injury.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.23715 of 2026(3) dt.09-07-2026
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petitioner has clean antecedent. He has falsely been implicated
in the present case. Learned counsel for the petitioner submits
that initially the petitioner was not named in the FIR. The name
of the petitioner has been transpired during investigation on the
basis of the confessional statement of the co-accused persons,
namely, Vikky Kumar, Aashish Kumar, Piyush Kumar and
Satish Kumar @ Chandan @ Chadiya and they have stated that
the petitioner was involved in the present crime in question and
he alongwith other co-accused persons have fired upon the
victim and injury inflicted upon the injured person is grievous in
nature caused by firearm injury.
5. Learned counsel for the informant and learned
A.P.P. for the State, on other other hand, have vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, I am not inclined to
grant the privilege of anticipatory bail to the petitioner in
connection with Sherghati P.S. Case No. 337 of 2025 pending
in the court of learned C.J.M., Sherghati, Gayaji.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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