Patna High Court
Awinash Kumar @ Avinash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner, finding the evidence insufficient to warrant continued detention.
Summary
The petitioner, Avinash Kumar, sought bail in a criminal case registered under several sections of the Bihar Narcotic Substances Act, 2023 and the Arms Act, alleging that he was not named in the FIR but was later implicated through witness statements that he, as a clerk, allegedly manipulated and handed over an arms license to co‑accused. The prosecution argued that the petitioner facilitated the use of a manipulated license, while the defense contended that the statements were hearsay, lacked foundation, and that the license is normally kept in safe custody, not with a clerk. The court noted that the evidence was largely based on suspicion and confessional statements before police, which have limited evidentiary value. Considering these factors, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount. The bail was granted pending further trial in the originating police station case.
Issues considered
- Whether the petitioner is entitled to bail despite allegations of involvement in the manipulation and distribution of an arms license.
- Whether the evidence, primarily based on witness statements and police confessions, is sufficient to justify denial of bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26(1)
- Bihar Narcotic Substances Act, 2023 — s. 223, 318(4), 336(3), 338, 61(2)
Subjects
- bail
- arms license
- manipulation
- evidentiary value
- criminal procedure
- Arms Act
- Bihar Narcotic Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82869 of 2025
Arising Out of PS. Case No.-290 Year-2025 Thana- KHAJANCHI HAT District- Purnia
======================================================
Awinash Kumar @ Avinash Kumar Son of Sri Ram Lochan Kumar Resident
Of Village- Maniappa, Ps- Matihani, Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Thakur, Advocate
Mrs.Vaishnavi Singh, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, A.P.P
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 26-02-2026 Heard Mr. Ajay Thakur, the learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 223, 318 (4), 338, 336 (3), 61
(2) of B.N.S, 2023 and Sections 25 (1-b) a and 26 (1) of the
Arms Act.
3. As per the prosecution case, five miscreants were
apprehended along with illicit cartridges, arm license book,
driving license and mobile etc.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the First Information Report as an
accused and his name has transpired, subsequently, during the
course of investigation, in the statements of four witnesses
Patna High Court CR. MISC. No.82869 of 2025(4) dt.26-02-2026
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whose statements were recorded in paragraphs 31, 37, 38 and 45
of the case diary who had stated that they had deposited their
arms at Vishal gun house run by one Indrajeet Kumar and
deposited the license to the petitioner who was a clerk at the
arms section and it is after filing of this case that it came to their
knowledge that their license have been manipulated by the
petitioner and has been handed to other persons who have
procured some bullets from Vishal gun house. It is submitted
that these statements have been made on mere knowledge which
does not have any foundational basis as the license is never
submitted to a clerk but is submitted in the office which is kept
in the safe custody of the office. Further, the accused persons
who have used such manipulated license have already been
taken into custody and the case against the present petitioner, at
best, is that he had made available some already surrendered
license to other persons for which he is in custody since
05.08.2025.
5. Learned APP for the State opposed the bail petition
on the ground that the petitioner’s involvement has been found
in giving out the manipulated license to other accused persons.
6.Taking into consideration the facts and
circumstances of the case and also considering the fact that even
Patna High Court CR. MISC. No.82869 of 2025(4) dt.26-02-2026
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accepting the evidence collected during the course of
investigation which is mostly based on suspicion and
confessional statement before police which has no evidentiary
value, the allegation is confined to making available some
surrendered license to other co-accused persons, the above
named petitioner is directed to be enlarged on bail on furnishing
bail bond of Rs10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Court below where the case is pending/successor Court in
connection with K. Hat P.S. Case No. 290 of 2025.
(Soni Shrivastava, J)
vashudha/-
U T
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