Gagan KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25052 of 2026
                   Arising Out of PS. Case No.-471 Year-2025 Thana- BIHARIGANJ District- Madhepura
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                 Gagan Kumar Son of Surendra Yadav R/O Village- Kathouliya, Ward No. 3,
                 P.S.- Bihariganj, District- Madhepura
                                                                        ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Alok Kumar Singh, Advocate
                 For the State           :       Mr. Mrityunjaya Kr.Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   01-05-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                 2. The petitioner is apprehending his arrest in

                   connection with Bihariganj P.S. Case No. 471 of 2025 in a case

                   registered for the offence punishable under Sections 310(4),

                   310(5) of the BNS read with Section 25(1-B)a, 26, 35 of the

                   Arms Act.

                                 3. As per the prosecution case, after receiving a secret

                   information, police raided Bhabhagama Chowk apprehending

                   co-accused Bambam Kumar and Shivam Kumar while three

                   other persons escaped. Officers recovered a loaded country-

                   made       pistol,   cartridges     and    mobile      phones      from      the

                   apprehended persons.

                                 4. Learned counsel for the petitioner submits that the

                   present case has been filed on the basis of self-statement of the
Patna High Court CR. MISC. No.25052 of 2026(2) dt.01-05-2026
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          police which had reached the place of occurrence upon

          confidential information that some preparation for dacoity was

          being done and they apprehended Bambam Kumar and Shivam

          Kumar. The name of the petitioner has only been taken by the

          said apprehended co-accused Bambam Kumar as being one of

          the persons who had fled away from the place of occurrence.

          Recovery of a country made pistol has also been made from the

          possession of the said apprehended co-accused Bambam Kumar.

          Barring such disclosure, there is nothing else to show the

          complicity of the petitioner in the present case. The petitioner

          has no criminal antecedent.

                       5.    Learned APP for the State has opposed the

          application for anticipatory bail.

                       6.    Taking      into     consideration   the   facts   and

          circumstances and also considering the fact that the implication

          of the petitioner is based upon the disclosure made by the

          apprehended co-accused before the police, let the above named

          petitioner who has no criminal antecedent, in the event of his

          arrest or surrender before the learned Court below within a

          period of four weeks from today, be enlarged on bail on

          furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

          two sureties of the like amount each to the satisfaction of the
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                       learned court below where the case is pending/successor court

                       in connection with Bihariganj P.S. Case No. 471 of 2025,

                       subject to the condition as laid down under Section 438 (2) of

                       the Cr.P.C./482(2) of the B.N.S.S., subject to the conditions that:

                                    (I) One of the bailors will be a family member/close

                       relative.

                                    (II)    The     petitioner        shall    cooperate   in    the

                       investigation/trial      and     in     case    of     non-cooperation,   the

                       prosecution would be at liberty to move an application for

                       cancelling the bail bonds of the petitioner.



                                                  (Soni Shrivastava, J)
priyanka/-

U      T