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Patna High Court

Amresh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail to the petitioner, subject to conditions, under Section 482(2) of the Criminal Procedure Code.

Summary

The petitioner, Amresh Kumar, sought anticipatory bail in connection with a case (PS‑526/2025) involving alleged offences under Sections 25(1‑b)a, 26 and 35 of the Arms Act. The prosecution’s case was based on the recovery of a pistol from a co‑accused, Rahish Kumar, and the identification of the petitioner by the co‑accused, while no weapon or incriminating material was found on the petitioner. The petitioner argued that he was falsely implicated, had no criminal antecedent, and there was no material linking him to the offence. The State opposed the bail, contending that the petitioner’s name in the FIR sufficed for arrest. Considering the clean antecedent, lack of seized articles, and the circumstances, the court granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, under Section 482(2) of the Criminal Procedure Code. The application was allowed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite his name appearing in the FIR.
  • Whether the absence of incriminating material and a clean antecedent justify granting anticipatory bail under Section 482(2) of the CrPC.

Legislation cited

Subjects

  • anticipatory bail
  • Arms Act
  • Section 482 CrPC
  • false implication
  • clean antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4397 of 2026
                       Arising Out of PS. Case No.-526 Year-2025 Thana- DHANARUA District- Patna
                 ======================================================
                 Amresh Kumar Son of Kailu Yadav @ Yamuna Prasad Resident Of Village
                 -Rerbigha, Ps- Dhanarua, Dist- Patna

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arvind Prasad Singh, Adv.
                 For the State            :       Ms. Nirmala Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   20-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner is apprehending his arrest in

                   connection with Dhanarua P.S. Case No. 526 of 2025 registered

                   for the offences punishable under Sections 25(1-b)a, 26, 35 of

                   the Arms Act.

                                 3. As per prosecution case, police apprehended two

                   persons and on search, one country made pistol was recovered

                   from possession of co-accused Rahish Kumar whereas nothing

                   has been recovered from possession of co-accused Santosh

                   Kumar and aforesaid apprehended co-accused persons disclosed

                   the name of petitioner, who fled away from the spot.

                                 4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.4397 of 2026(2) dt.20-02-2026
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          in the FIR and he has falsely been implicated in this case. He

          further submits that except disclosure of apprehended co-

          accused persons, namely, Rahish Kumar and Santosh Kumar,

          there is nothing on record to connect the present petitioner with

          the alleged occurrence. Petitioner bears no criminal antecedent.

          Petitioner was not found at the place of occurrence. No

          incriminating article has been recovered from possession of the

          petitioner. Petitioner has nothing to do with the alleged

          occurrence.

                       5. The learned A.P.P. for the State opposes the prayer

          for anticipatory bail of the petitioner and submits that name of

          petitioner finds place in the FIR and hence, petitioner cannot

          escape from the allegation made in the FIR.

                       6. Considering the facts and circumstances of the

          case, keeping in view clean antecedent of petitioner, no

          incriminating article has been recovered from possession of the

          petitioner, argument advanced on behalf of both sides and also

          taking into consideration the material available on record, the

          petitioner above-named, in the event of his arrest or surrender

          before the learned trial court within a period of six weeks from

          today, be released on anticipatory bail on furnishing bail bond of

          Rs. 10,000/- (rupees ten thousand) with two sureties of the like
            Patna High Court CR. MISC. No.4397 of 2026(2) dt.20-02-2026
                                                        3/3




                      amount each to the satisfaction of learned Sub Divisional

                      Judicial Magistrate, Masaurhi in connection with Dhanarua P.S.

                      Case No. 526 of 2025, subject to the conditions as laid down

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

                                   7. The application stands allowed.


                                              (Alok Kumar Pandey, J)

shahzad/-

U      T


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