Patna High Court

Avinash Kumar @ Awinash Kumar @ Abhinash KumarversusThe State of Bihar

Decided: 6 February 2026
Disposal: BAIL GRANTED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner.

Summary

Avinash Kumar applied for bail in a criminal case (Case No. 112 of 2025) alleging offences under Sections 111 and 318(4) of the B.N.S., 2023 and Sections 25(1‑b), (a), 26 and 35 of the Arms Act. The prosecution alleged that a Bolero car contained the petitioner’s driving licence, Aadhar, PAN, an arms licence and 50 live cartridges wrapped in black foil. The petitioner contended that he was neither the owner nor the driver of the vehicle and that his name appeared only in the confessional statement of co‑accused Sona Babu, asserting his innocence. He further pointed out that the actual owner, driver and co‑accused had already been granted bail and that nothing had been recovered from his possession. After hearing both sides, the Court found the petitioner's claim credible and, considering the lack of direct evidence against him, decided to enlarge him on bail. He was ordered to furnish a bail bond of Rs.10,000 with two sureties of the same amount.

Issues considered

Whether bail should be granted to the petitioner despite the recovery of arms and cartridges from a vehicle linked to him.

Legislation cited

Arms Act — s. 25(1-b), 25(a), 26, 35
B.N.S., 2023 — s. 111, 318(4)

Subjects

bail
criminal procedure
Arms Act
B.N.S. 2023
confessional statement
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8389 of 2026
                   Arising Out of PS. Case No.-112 Year-2025 Thana- HAJIPUR RAIL P.S. District- Saran
                 ======================================================
                 Avinash Kumar @ Awinash Kumar @ Abhinash Kumar S/o- Ramlochan
                 Kuwar Resident of Village- Maniappa Ward No- 01 PS-Matihani District-
                 Begusarai Bihar                                       ... ... Petitioner/s
                                                Versus
                 The State of Bihar                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shekhar Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Amitesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Hajipur Rail P.S. Case No. 112 of 2025 registered for the offence

                   punishable under Sections 111, 318(4) of the B.N.S., 2023 and

                   Sections 25(1-b), (a), 26, 35 of the Arms Act.

                                3. The case of the prosecution, in short, is that from a

                   Bolero car Driving License, Aadhar Card, PAN card, arms license

                   were found. From the front and rear seat of the car, 50 live

                   cartridges wrapped in black colour foil were also recovered.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. Learned

                   counsel for the petitioner submits that the petitioner is neither the

                   owner nor the driver of the said vehicle rather his name has

                   surfaced in the confessional statement of Sona Babu. Petitioner

                   was no apprehended from the place of occurrence. It has also been
            Patna High Court CR. MISC. No.8389 of 2026(2) dt.06-02-2026
                                                        2/2




                      submitted that the driver and owner of the said vehicle have

                      already been granted bail by this Court in Cr. Misc. Nos. 79923 of

                      2025 and 80888 of 2025 respectively. Learned counsel for the

                      petitioner has further submitted that nothing has been recovered

                      from the possession of the petitioner. Save and except the

                      confessional statement of co-accused, there is nothing against the

                      petitioner. It has further been submitted that Sona Babu has also

                      been granted bail by this Court vide Cr. Misc. No. 73679 of 2025.

                      He further submits that the petitioner is languishing in judicial

                      custody since 13.10.2025.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of

                      the like amount each to the satisfaction of the learned Railway

                      Judicial Magistrate, Sonepur in connection with Hajipur Rail P.S.

                      Case No. 112 of 2025.



                                             (Ashok Kumar Pandey, J)
durgesh/-
U      T

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