Patna High Court
Avinash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court held that, in view of the absence of any material linking the petitioner to the recovered arms and his clean antecedent, anticipatory bail could be granted under the BNSS, 2023.
Summary
The petitioner, Avinash Kumar, sought anticipatory bail after an FIR was lodged alleging his involvement in the illegal possession of arms recovered from a school during an Income Tax raid. The prosecution argued that the offence under the Arms Act was serious, but the weapons were not found in the petitioner's possession. The petitioner’s counsel highlighted his clean criminal record, the fact that the arms were recovered in the presence of the school’s vice‑principal, and presented identity documents of the school principal to distance the petitioner from the incident. The State opposed bail, contending that the seriousness of the offence warranted detention. The court examined the applicability of the Bail and Security of the Person Act, 2023, particularly Sections 2(1)(d) and 482(2), and considered the petitioner’s lack of direct involvement. Concluding that there was no material linking the petitioner to the recovered arms and noting his clean antecedent, the court granted anticipatory bail subject to a bond and conditions.
Issues considered
- Whether anticipatory bail can be granted when the alleged arms are not in the petitioner's possession.
- Whether the provisions of the BNSS, 2023 (Sections 2(1)(d) and 482(2)) are applicable to the petitioner's case.
- Whether the petitioner's clean criminal antecedent and the circumstances of the FIR justify the grant of bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- BNSS, 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- Arms Act
- illegal weapons
- bail bond
- Section 2(1)(d)
- Section 482(2)
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8802 of 2026
Arising Out of PS. Case No.-134 Year-2024 Thana- MUSAHARI District- Muzaffarpur
======================================================
Avinash Kumar S/O Vinoda Nand Jha R/O Village- Beruha Dih, P.S- Sakra,
Distt.- Muzaffarpur (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar, Adv.
For the Opposite Party/s : Mr.Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 01-04-2026 Heard Learned Counsel for the petitioner and
Learned APP for the State.
2. The petitioner is apprehending arrest in connection
with Mushahari P.S. Case No.134 of 2024 lodged on
16.05.2024, for the offences punishable under Sections 25(1-
B)a/26/35 of the Arms Act.
3. As per the prosecution, FIR has been lodged against
four named accused persons including the present petitioner
with allegation that upon information, when Income Tax
Department had made raid in the School of Vijay Jha, namely,
Vivekanand Kids Play School, the I.T. department has intimated
that in the godrej of school, illegal weapons i.e., one dual barrel
desi katta, a country made sixer, a countrymade katta with live
cartridges have been recovered.
Patna High Court CR. MISC. No.8802 of 2026(3) dt.01-04-2026
2/3
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
also submits that from the content of FIR, it is very much clear
that the informant has disclosed that arms has been recovered
from Godrej of school of Vijay Jha in presence of Vice-
Principal. He further submits that the principal of the school is
the son of Vijay Jha who is in service of a company situated at
Mumbai. He has also annexed Identity card as well as
employment contract letter vide Annexure-P/2 and P/3 of the
bail petition.
5. Counsel submits that the criminal antecedent of the
petitioner is clean and case diary has been called for.
6. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that offence has been lodged
under Arms Act, but admittedly, it has not been recovered from
the petitioner’s conscious possession.
7. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
Patna High Court CR. MISC. No.8802 of 2026(3) dt.01-04-2026
3/3
satisfaction of Judicial Magistrate, Muzaffarpur or its available
successor court, in connection with Mushahari P.S. Case No.134
of 2024, subject to the conditions as laid down U/s 482(2) of the
BNSS, 2023.
(Dr. Anshuman, J)
Prakashmani/-
U T
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