VISHWAMOHAN KUMARversusTHE STATE OF BIHAR

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29191 of 2026
                    Arising Out of PS. Case No.-80 Year-2026 Thana- LAURIA District- West Champaran
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                 Vishwamohan Kumar, S/O Late Pintu Prasad, R/O Village-Lakhanpur, Police
                 Station-Lauriya, District- West Champaran
                                                                        ... ... Petitioner/s

                                                       Versus

                 The State Of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sarvesh Kashyap, Advocate
                 For the Opposite Party/s :       Mr. Rajesh Kumar, APP
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                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   06-05-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection with

                   Lauriaya P.S. Case No. 80 of 2026 dated 08.02.2026 instituted for

                   the offence punishable under Sections 25(1-B)a, 26, 35 of the

                   Arms Act.

                                3. Allegation is of recovery of one country made pistol

                   from an E-rickshaw which belongs to the mother of the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in this

                   case. It is further submitted that nothing has been recovered from

                   the conscious possession of the petitioner rather the seized country

                   made pistol was recovered from E-rickshaw. The petitioner has

                   been made accused in this case only on the basis that he is the
           Patna High Court CR. MISC. No.29191 of 2026(2) dt.06-05-2026
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                     driver of the said E-rickshaw. It is further submitted that the

                     petitioner had parked his E-rickshaw near Chandani Medical for

                     some medicine. Meanwhile, the police came and started searching

                     the alleged vehicle by alighting all the passengers and all the

                     passengers fled away prior to search and when the police searched

                     the E-rickshaw, then a country made pistol was recovered kept

                     under a seat and on that basis, the police has implicated the

                     petitioner in this case. Lastly, it has been submitted that petitioner

                     has no criminal antecedents.

                                  5. On the other hand, learned A.P.P. for the State has

                     opposed the prayer for anticipatory bail of the petitioner.

                                  6. Having considered the facts and circumstances of the

                     case and submissions of learned counsel for the parties, in the

                     event of arrest / surrender of the petitioner within a period of six

                     weeks from today, in connection with Lauriya P.S. Case No. 80 of

                     2026, he will be released on bail upon furnishing bail bonds of Rs.

                     10,000/- (ten thousand) with two sureties of the like amount each

                     to the satisfaction of learned Additional Chief Judicial Magistrate-

                     1st, Bettiah, West Champaran subject to condition as laid down

                     under Section 482(2) of the B.N.S.S.


                                                                  (Khatim Reza, J)

premchand/-
U      T