Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
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
- Arms Act — s. 25(1-B)(a), 26, 35
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
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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
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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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