Patna High Court
Abhishek Kumar @ Abhishek VishwakarmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted, subject to strict conditions, due to non‑compliance with Section 100 CrPC and the petitioner’s clean antecedent.
Summary
The petitioner, Abhishek Kumar, was arrested on 27 June 2025 in connection with an FIR alleging violations of multiple provisions of the Arms Act, including sections 5, 7, 25(1)(a), 25(1‑B)(a), 26, 35 and later 25(1‑AA). He contended that the FIR was false, that he was merely a tenant implicated by the landlord, and that the police had not complied with Section 100 of the Criminal Procedure Code in filing the charge‑sheet. The State opposed bail, while the petitioner’s counsel highlighted his clean antecedent. The court examined the lack of compliance with Section 100, the petitioner’s clean record, and the seriousness of the offences, and decided to grant bail on a Rs 10,000 bond with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s antecedents and allowed cancellation of bail for any breach of conditions.
Issues considered
- Whether bail should be granted in a case involving multiple offences under the Arms Act.
- Whether the failure to comply with Section 100 of the Criminal Procedure Code warrants bail.
- Whether the petitioner’s clean antecedent justifies bail despite the seriousness of the charges.
- Whether the FIR is false or fabricated, affecting the bail decision.
Legislation cited
- Arms Act — s. 25(1)(a), 25(1-AA), 25(1-B)(a), 26, 35, 5, 7
- Code of Criminal Procedure, 1973 — s. 100
Subjects
- bail
- Arms Act
- Section 100 CrPC
- false FIR
- criminal antecedent
- recovery of arms
- illicit firearms
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91525 of 2025
Arising Out of PS. Case No.-177 Year-2025 Thana- SOHSARAI District- Nalanda
======================================================
Abhishek Kumar @ Abhishek Vishwakarma Son of Mr. Anup Vishwakarma
@ Anup Kumar Resident of Village - Mahalpar, P.S.- Biharshariff, District -
Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Thakur, Advocate
Ms. Vaishnavi Singh, Advocate
For the State : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr. Ajay Thakur, learned counsel for the
petitioner and Mr. Brajendra Nath Pandey, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
27.06.2025, in connection with Sohsarai P.S. Case No. 177 of
2025, F.I.R. dated 27.06.2025 registered for the offences
punishable under Sections 5, 7, 25(1)(a), 25(1-B)(a), 26, 35 of
the Arms Act and later on Section 25(1-AA) of the Arms Act
was added.
3. The case relates to recovery of arms and articles
which are used for manufacturing of illicit firearms.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
Patna High Court CR. MISC. No.91525 of 2025(2) dt.13-01-2026
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implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
and the recovery has been made from the house of the landlord
and the petitioner is a tenant and at the instance of the landlord
the petitioner has been implicated in the present case and there
is non-compliance of Section 100 of the Cr. P.C. and the police
after investigation submitted chargesheet against the petitioner
and the petitioner is in custody since 27.06.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and there
is non-compliance of Section 100 of the Cr. P.C., let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of learned Judicial
Magistrate 1st Class, Nalanda, Biharsharif in connection with
Sohsarai P.S. Case No. 177 of 2025, subject to the following
conditions :-
(1) 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.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) 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 antecedents, 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)
Ibrar//-
U T
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