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Patna High Court

Gajendra Kumar @ Rajnish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to a bail bond and conditions prescribed under the BNSS, 2023.

Summary

The petitioner, Gajendra Kumar, sought anticipatory bail in connection with a case (Udawantnagar PS Case No.126 of 2024) alleging offences under Sections 25(1‑B)(a), 26 and 35 of the Arms Act. The prosecution alleged that the accused fled a police check by throwing a desi katta, and that the petitioner’s name was disclosed by a co‑accused. The petitioner’s counsel argued that no arms were recovered from him, he has a clean record, and the motorcycle involved does not belong to him. The State opposed bail, emphasizing the non‑recovery of arms and the seriousness of the alleged offences. The Court, after considering the submissions, granted anticipatory bail subject to a bail bond of Rs.30,000 and conditions under Section 2(1)(d) and Section 482(2) of the Bihar Negotiable Instruments (Security) Act, 2023. The order was pronounced by Justice Dr. Anshuman.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the Bihar Negotiable Instruments (Security) Act, 2023 in a case involving alleged offences under the Arms Act.
  • Whether the non‑recovery of arms from the petitioner’s possession justifies denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Arms Act
  • Bihar Negotiable Instruments (Security) Act
  • non‑recovery of arms
  • bail bond
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36070 of 2026
                   Arising Out of PS. Case No.-126 Year-2024 Thana- UDWANTNAGAR District- Bhojpur
                 ======================================================
                 Gajendra Kumar @ Rajnish Kumar S/o Shailesh Maur @ Shailesh Kumar
                 Resident of Village - Situhari, P.S.- Narainpur, District - Bhojpur, At present
                 resident of village - Satya Shiv Nagar, behind DPS School, P.S.-
                 Udawantnagar, District - Bhojpur

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Prabhat Kumar Singh, Adv.
                 For the Opposite Party/s :      Mr.Sangeeta Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   01-06-2026                  The Court proceeding is being conducted through

                   virtual mode.

                                2. Heard Learned Counsel for the petitioner and

                   Learned APP for the State.

                                3. The petitioner is apprehending arrest in connection

                   with Udawantnagar P.S. Case No.126 of 2024 lodged on

                   26.03.2024, for the offences punishable under Sections 25(1-B)

                   (a), 26 and 35 of the Arms Act.

                                4. As per the prosecution, FIR has been lodged against

                   unknown accused persons with allegation that when police party

                   in patrolling duty tried to stop a motorcycle then the accused

                   persons fled away by throwing one desi katta.

                                5. Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.36070 of 2026(2) dt.01-06-2026
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          petitioner is innocent and has committed no offence. Counsel

          also submits that on the date of occurrence, no one was arrested

          and the recovery of arms were also not made from the

          possession of the accused persons. He further submits that one

          of the accused person has been arrested who has disclosed the

          name of the petitioner.

                       6. Counsel submits that the criminal antecedent of the

          petitioner is clean and the criminal case has been lodged only

          against motorcycle, its owner and against two unknown accused

          persons. He further submits that the alleged motorcycle does not

          belong to the petitioner.

                       7. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that arms has not been

          recovered from the possession of the petitioner.

                       8. 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

          learned Court below 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 CJM, Bhojpur at Ara, in connection with

          Udawantnagar P.S. Case No.126 of 2024, subject to the
           Patna High Court CR. MISC. No.36070 of 2026(2) dt.01-06-2026
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                     conditions as laid down U/s 482(2) of the BNSS, 2023.



                                                              (Dr. Anshuman, J)
Prakashmani/-

U      T


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