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Patna High Court

Abhishek Kumar @ Abhishek VishwakarmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
               Patna High Court CR. MISC. No.91525 of 2025(2) dt.13-01-2026
                                                           3/3




                         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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