Patna High Court
Amresh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
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
- Arms Act — s. 25(1-b)a, 26, 35
- Code of Criminal Procedure, 1973 — s. 482(2)
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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