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Patna High Court

Abhishek KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that anticipatory bail could not be granted as the petitioner’s alleged involvement, based solely on confessional statements of co‑accused, did not establish a reasonable ground to believe he would not abscond or tamper with evidence.

Summary

The petitioner, Abhishek Kumar, applied for anticipatory bail after being implicated in a case under Sections 25(1‑B)(a), 26 and 35 of the Arms Act, based on a chain of confessional statements from co‑accused arrested during a police raid. The petitioner asserted a clean antecedent and claimed the allegations were false, arguing that the confessional statements of accused in custody lack evidentiary value. The State opposed bail, contending that the investigation was at a nascent stage, the petitioner was absconding, and granting bail could enable him to flee. The court examined the submissions and noted the lack of substantive evidence linking the petitioner to the offence and the risk of absconding. Consequently, the court declined to grant anticipatory bail and rejected the application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner when the only basis of accusation is confessional statements of co‑accused in police custody
  • Whether the petitioner’s clean antecedent and lack of disclosed livelihood affect the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Arms Act
  • confessional statement
  • false implication
  • clean antecedent
  • police investigation
  • absconding

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42697 of 2026
                      Arising Out of PS. Case No.-17 Year-2026 Thana- GAURICHAK District- Patna
                 ======================================================
                 Abhishek Kumar S/o Naresh paswan R/o Vill- Kushban, P.S.- Dhanarua,
                 Distt- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sudhir Kumar, Adv.
                 For the Opposite Party/s :      Mr. Akshay Lal Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-07-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners apprehend their arrest in a case

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

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

                                3. Learned      counsel      for   the    petitioner      submits

                   petitioner is a person with clean antecedent and the informant

                   alleges that a video went viral in which an accused was showing

                   arms, accordingly, an inquiry was conducted and Sahil was

                   arrested, who disclosed that weapon is of Sunny, accordingly,

                   house of Sunny was raided and a country-made pistol was

                   recovered and Sunny was apprehended who disclosed that he

                   buys arms from Krishna Kumar, thereafter house of Krishna

                   Kumar was raided and a country-made pistol was recovered and
Patna High Court CR. MISC. No.42697 of 2026(2) dt.09-07-2026
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          Krishna was arrested and he disclosed that he purchases weapon

          from Sachin and petitioner, accordingly, house of Sachin was

          raided and Sachin was arrested on identification of Krishna and

          petitioner was found absconding.

                       4. Learned counsel appearing on behalf of the

          petitioner submits that petitioner has been falsely implicated in

          the instant case by the informant based on confessional

          statement of apprehended accused in police custody which does

          not have any evidentiary value. It is also submitted petitioner is

          a person with clean antecedent.

                       5. The learned APP opposes the anticipatory bail

          application and submits no doubt, name of the petitioner

          transpired based on confessional statement of apprehended

          accused in police custody which does not have any evidentiary

          value but then allegation is that one Sahil was arrested as he was

          flaunting arms on social media and the arms was found genuine

          and he disclosed the name of the accused from whom he had got

          the arms and thereafter other accused were also arrested but then

          petitioner was found absconding. It is further submitted that the

          anticipatory bail application does not disclose what the

          petitioner does for earning his living. It is also submitted that

          investigation of the case is in its nascent stages and if privilege
               Patna High Court CR. MISC. No.42697 of 2026(2) dt.09-07-2026
                                                           3/3




                         of anticipatory bail is granted, the petitioner may abscond.

                                      6. At this stage, learned counsel appearing on behalf

                         of petitioner submits that the order impugned inadvertently

                         records that petitioner was arrested when petitioner was not.

                                      7. Considering the submission made by the learned

                         APP, this Court is not inclined to extend the privilege of

                         anticipatory bail to the petitioner.

                                      8. The application stands rejected.



                                                   (Satyavrat Verma, J)
rajesh/-

U          T


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