Patna High Court
Abhishek Kumar @ Abhishek RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to strict conditions, despite the nature of the offences and his antecedents.
Summary
The petitioner, Abhishek Kumar, was arrested on 13 June 2025 in connection with an arms case (Sections 25(1‑b)a, 26 and 35 of the Arms Act) after a pistol, bullet, scooter and mobile phone were recovered from his possession. He claimed innocence, arguing that his brother, a co‑accused, had already been granted regular bail. The prosecution opposed bail, citing the recovery of the weapon from the petitioner and his two prior criminal antecedents. The court examined the facts and, despite the seriousness of the offences, decided to grant bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was made subject to cancellation if the petitioner violates any condition.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under the Arms Act and having prior criminal antecedents
- Whether the recovery of a firearm from the petitioner's possession justifies denial of bail
- Whether the prior grant of bail to the co‑accused (the petitioner's brother) influences the bail decision
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
Subjects
- bail
- Arms Act
- criminal antecedent
- seizure of weapon
- co‑accused
- high court
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77830 of 2025
Arising Out of PS. Case No.-368 Year-2025 Thana- RAJIVNAGAR District- Patna
======================================================
Abhishek Kumar @ Abhishek Rai Son of Birju Rai Resident of Digha Polson
Road, PS - Digha, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 22-01-2026 Heard Mr. Akhauri Kamal Kishore Sahay, learned
counsel for the petitioner as well as Mr. Amitesh Kumar,
learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
13.06.2025 in connection with Rajiv Nagar P.S. Case No. 368 of
2025, F.I.R. dated 12.06.2025 for the offences punishable under
Sections 25(1-b)a, 26, 35 of Arms Act.
3. According to prosecution case, there is alleged
recovery of one country made pistol, one bullet, scooty and
mobile phone from the possession of petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. It appears from the FIR and seizure list that one
country made pistol was recovered from the possession of the
Patna High Court CR. MISC. No.77830 of 2025(4) dt.22-01-2026
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petitioner and co-accused person, namely, Govinda @ Govind
Kumar from whose possession six live bullets were recovered
has been granted privilege of regular bail from co-ordinate
Bench of this Court vide order dated 05.12.2025 in Cr. Misc.
No. 74094 of 2025 and the said co-accused happens to be the
brother of the petitioner. He further submits that the police after
investigation submitted the charge sheet and the petitioner is in
custody since 13.06.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that recovery has been made from the possession of the
petitioner and apart from that the petitioner carries two criminal
antecedents other than the present one but fairly submits on the
basis of paragraph-3 of the bail application that the petitioner is
on bail in the said matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned A.C.J.M-
II, Patna in connection with Rajiv Nagar P.S. Case No. 368 of
2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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