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Patna High Court

Amrit Kumar @ Amrit RajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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