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Patna High Court

Chotu @ Rahis @ Chotu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is warranted because no arms were recovered from the petitioner and there is no evidence of concealment of criminal antecedent.

Summary

The petitioner, Chotu Kumar, was implicated in a case (Patepur PS Case No. 09 of 2026) under Sections 25(1‑B)(a) and 26 of the Arms Act and Section 37 of the Bihar Prohibition and Excise (Amendment) Act, 2022 after a police informant reported a country‑made pistol recovered at the scene. The petitioner claimed innocence, stating that no weapon was found in his possession and that his name was merely mentioned by an apprehended accused. The State opposed bail but also acknowledged that no arms were recovered from the petitioner. The Court, considering the absence of any weapon on the petitioner and his clean antecedent, granted anticipatory bail subject to a Rs.30,000 bond under Section 2(1)(d) of the BNSS, 2023 and conditions of Section 482(2) of the same Act. The trial court was directed to verify the petitioner’s antecedent and cancel the bond if concealment is discovered.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the BNSS, 2023 in view of allegations under the Arms Act and the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the non‑recovery of any weapon from the petitioner’s possession justifies the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Arms Act
  • Bihar Prohibition and Excise Act
  • BNSS 2023
  • criminal antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26862 of 2026
                        Arising Out of PS. Case No.-9 Year-2026 Thana- PATEPUR District- Vaishali
                 ======================================================
                 Chotu @ Rahis @ Chotu Kumar S/o Sant Lal Ray R/o Village - Simarwara
                 Durgapur, P.S - Patepur, District - Vaishali


                                                                                    ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mrs. Shweta Anand, Advocate
                 For the Opposite Party/s :        Mr. Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

                                                   ORAL ORDER

2   22-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Patepur P.S. Case No. 09 of 2026, dated 11.01.2026,

                   lodged under Sections 25(1-B)(a) & 26 of the Arms Act and

                   Section 37 of the Bihar Prohibition and Excise (Amendment)

                   Act, 2022.

                                3. As per the prosecution, when the informant was on

                   patrol duty, four persons were seen fleeing upon seeing the

                   police. One individual was apprehended, from whose mouth the

                   smell of alcohol was coming and a country-made pistol was

                   recovered from the spot.
Patna High Court CR. MISC. No.26862 of 2026(2) dt.22-04-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. He further

          submits that nothing has been recovered from the possession of

          the petitioner. He also submits that the petitioner’s name was

          disclosed by the apprehended accused person. Furthermore, he

          submits that the criminal antecedent of the petitioner is clean.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner but fairly submits that no arms have been

          recovered from the petitioner’s possession.

                       6. As such, in the present facts and circumstances of

          this case, let the above named petitioner be released on

          anticipatory bail, in the event of arrest or surrender before the

          Trial Court within a period of 4 weeks from today, on furnishing

          bail bond of Rs.30,000/- (Rupees Thirty Thousand) as

          mentioned in Section 2(1)(d) of the BNSS, 2023 to the

          satisfaction of Special Excise Court No. 2, Hajipur at Vaishali,

          in connection with Patepur P.S. Case No. 09 of 2026, subject to

          the conditions as laid down U/s 482(2) of the BNSS, 2023.

                       7. It is further directed that the Trial Court shall verify

          the criminal antecedent of the petitioner, and in case it is found

          at any stage that the petitioner has concealed his criminal

          antecedent, the Trial Court shall take steps for cancellation of
          Patna High Court CR. MISC. No.26862 of 2026(2) dt.22-04-2026
                                                      3/3




                    the petitioner’s bail bond. However, the acceptance of the bail

                    bond in terms of the above-mentioned order shall not be delayed

                    for the purpose of or in the name of verification.



                                                                         (Dr. Anshuman, J.)

Aman Kumar/-

U     T


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