Amresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4397 of 2026 Arising Out of PS. Case No.-526 Year-2025 Thana- DHANARUA District- Patna ====================================================== Amresh Kumar Son of Kailu Yadav @ Yamuna Prasad Resident Of Village -Rerbigha, Ps- Dhanarua, Dist- Patna ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Prasad Singh, Adv.

For the State :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 20-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Dhanarua P.S. Case No. 526 of 2025 registered for the offences punishable under Sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per prosecution case, police apprehended two persons and on search, one country made pistol was recovered from possession of co-accused Rahish Kumar whereas nothing has been recovered from possession of co-accused Santosh Kumar and aforesaid apprehended co-accused persons disclosed the name of petitioner, who fled away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.4397 of 2026(2) dt.20-02-2026 2/3 in the FIR and he has falsely been implicated in this case. He further submits that except disclosure of apprehended coaccused persons, namely, Rahish Kumar and Santosh Kumar, there is nothing on record to connect the present petitioner with the alleged occurrence. Petitioner bears no criminal antecedent. Petitioner was not found at the place of occurrence. No incriminating article has been recovered from possession of the petitioner. Petitioner has nothing to do with the alleged occurrence.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that name of petitioner finds place in the FIR and hence, petitioner cannot escape from the allegation made in the FIR.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, no incriminating article has been recovered from possession of the petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.4397 of 2026(2) dt.20-02-2026 3/3 amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Masaurhi in connection with Dhanarua P.S. Case No. 526 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

7. The application stands allowed.

(Alok Kumar Pandey, J) shahzad/- U T