Patna High Court
Amrit Kumar @ Amrit RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner, holding that the allegations were vague, the possibility of false implication existed, and the petitioner’s clean antecedent warranted release on bail.
Summary
The petitioner, Amrit Kumar, was implicated in a case (Kotwali P.S. Case No.531 of 2025) under Sections 25(1‑B)(a), 26 and 35 of the Arms Act and Section 37 of the Bihar Prohibition and Excise Act after a police raid recovered a pistol and a mobile phone from a co‑accused who, while intoxicated, named the petitioner. The petitioner contended that he was falsely implicated, had no direct involvement, possessed a clean antecedent, and that the only evidence against him was the testimony of the co‑accused. The State opposed the bail application, arguing the seriousness of the offences. The Court examined the vague nature of the allegations, the possibility of false accusation, and the petitioner’s clean record, and consequently ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS, 2023. The bail order required the petitioner to appear before the trial court as directed.
Issues considered
- Whether bail should be granted to the petitioner despite allegations under the Arms Act and the Bihar Prohibition and Excise Act.
- Whether the allegations against the petitioner are sufficiently specific and credible to justify denial of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
Subjects
- bail
- Arms Act
- Bihar Prohibition and Excise Act
- false implication
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23873 of 2026
Arising Out of PS. Case No.-531 Year-2025 Thana- GAYA KOTWALI District- Gaya
======================================================
Amrit Kumar @ Amrit Raj, S/O Mukesh Kumar, Resident of Mohalla-
Mokan Bigha, P.S.- Ghoshi, Dist.- Jahanabad, At Present Add. R/O Vill.-
Uchauli, P.S.- Khizarsarai, Dist.- Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bibhuti Narayan, Advocate
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. In the present case, the petitioner is apprehending
his arrest in connection with Kotwali P.S. Case No.531 of 2025,
registered under Sections 25 (1-B) a, 26 and 35 of the Arms Act
and Section 37 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, police received
information about some miscreants smoking cigarette near a car,
who were having illegal weapon with them. A raid was
conducted and two miscreants fled away starting the car and one
of the miscreants was apprehended and from the apprehended
co-accused person, recovery of a pistol and a mobile phone was
made. The apprehended co-accused was also found in inebriated
Patna High Court CR. MISC. No.23873 of 2026(2) dt.24-04-2026
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condition, who disclosed the name of the petitioner and other
co-accused persons, who fled away with the car.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in this
case. The petitioner has no concern with the alleged occurrence.
There is no specific allegation against the petitioner and he has
been named in this case merely on suspicion. The car involved
in the case has been seized from co-accused Sachin Kumar and
the said car belongs to the said co-accused. Nothing
incriminating has been recovered from the person/possession of
the petitioner, who is having clean antecedent. The petitioner is
a student of I.Sc.
5. The learned APP vehemently opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
completely vague nature of allegation and further considering
the possibility of false accusation and also considering the clean
antecedent of the petitioner, let the petitioner above named in
the event of his arrest or surrender before the court concerned
within a period of eight weeks from today, be released on bail,
on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Patna High Court CR. MISC. No.23873 of 2026(2) dt.24-04-2026
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Only) with two sureties of the like amount each to the
satisfaction of learned Exclusve Excise Judge, Court No. 4,
Gaya Jee/court concerned, in connection with Kotwali P.S. Case
No. 531 of 2025, subject to the condition laid down under
Section 482 (2) of the BNSS, 2023 and other following
conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the below, if so required
by the learned trial court.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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