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Patna High Court

Abhinandan Kumar @ Abhinandan Garayn @ BauaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted as the petitioner had clean antecedents and the prosecution failed to produce sufficient evidence linking him to the alleged offences.

Summary

The petitioner, Abhinandan Kumar, sought anticipatory bail after the police registered a case alleging his involvement in assault and offences under several sections of the B.N.S. and Section 27 of the Arms Act during a Holi festival incident. The prosecution alleged that co‑accused opened fire on an informant and that the petitioner dragged the informant’s brother, Saket Kumar, and assaulted him with an iron rod. The petitioner contended he had no involvement, highlighted the absence of any injury report, and pointed out that the firing was attributed to the co‑accused. The State opposed the bail, but the court noted the petitioner’s clean antecedents and the lack of substantive evidence linking him to the alleged offences. Consequently, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties if arrested within eight weeks, subject to Section 482(2) of the B.N.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the allegations under the B.N.S. and Arms Act.
  • Whether the absence of an injury report and clean antecedents justify bail despite the serious nature of the alleged offences.

Legislation cited

  • Arms Act — s. 27
  • B.N.S. — s. 109(1), 115(2), 126(2), 3(5), 351(3), 352

Subjects

  • anticipatory bail
  • criminal procedure
  • clean antecedents
  • lack of evidence
  • Arms Act
  • assault
  • Holi incident

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62077 of 2025
                 Arising Out of PS. Case No.-34 Year-2025 Thana- VIDYAPATINAGAR District- Samastipur
                 ======================================================
                 Abhinandan Kumar @ Abhinandan Garayn @ Baua Son of Ashok Garayn
                 Resident of village - Sherpur, P.S.- Vidyapatinagar, District - Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Mahendra Pratap, Advocate
                 For the State            :        Mr. Syed Ehteshamuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   08-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 109(1), 352, 351(3) and 3(5) of the B.N.S. and Section

                   27 of the Arms Act.

                                3. As per prosecution story, during Holi festival, when

                   the informant’s side were playing near the temple, in the

                   meantime,          co-accused      Suman      Chaudhary          and     Raman

                   Chaudhary opened fire causing fire arm injury to the informant.

                   It is further alleged that this petitioner, on the strength of pistol,

                   dragged informant’s brother, namely Saket Kumar, to the main

                   road and assaulted on his head by mean of iron rod.

                                4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.62077 of 2025(4) dt.08-01-2026
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          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. Though as per prosecution case, this

          petitioner is alleged to have assaulted brother of informant,

          namely Saket Kumar, however, there is no injury report on

          record to substantiate the allegations levelled against him. From

          bare perusal of the F.I.R. it is apparent that specific accusation

          of firing is attributed to other co-accused persons. Petitioner

          claims clean antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, materials on record and clean antecedents of the petitioner,

          the prayer for grant of anticipatory bail to the petitioner is

          allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned A.C.J.M.-II, Dalsingsarai,

          Samastipur in connection with Vidyapatinagar P.S. Case No. 34

          of 2025, subject to condition as laid down under Section 482(2)
             Patna High Court CR. MISC. No.62077 of 2025(4) dt.08-01-2026
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                       of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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