← Library
Patna High CourtCR. MISC./6416/2026bail granted

Anuj Kumar @ Arnow v. The State Of Bihar

2026-02-18Mr. Justice Sourendra Pandey4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6416 of 2026 Arising Out of PS. Case No.-481 Year-2024 Thana- KOILWAR District- Bhojpur ====================================================== Anuj Kumar @ Arnow S/o Om Prakash Gupta R/o vill - Piro, ward no. 10, P.S.- Piro, Distt.- Bhojpur at present Resident of village- Mp Bag Ara pothar waliganj Ved Prakash Gupta @ Puchu Ke Makan Me Ara Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 18-02-2026 This is the second bail application being preferred by the petitioner.

2. It has been submitted by the learned counsel for the petitioner that earlier the petitioner had filed the application for bail vide Cr. Misc. No. 42047 of 2025 and the same was allowed by order dated 04.07.2025. However, in view of the condition contained in paragraph - 6(v) with regard to verification of criminal antecedent, it was found that inadvertently complete antecedent in the bail application was not provided and hence the bail bonds of the petitioner were not accepted.

3. The learned counsel for the petitioner submits that the subsequent application for modification was disposed of with a direction to move this Court with fresh prayer for bail.

4. Heard learned counsel for the petitioner and the

2/4 learned APP for the State.

5. The petitioner seeks bail in connection with Koilwar P.S. Case No. 481 of 2024. registered for the offences under Sections 310(4), 310(5) of the Bhartiya Nyaya Sanhita and under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

6. As per the prosecution case, the informant got secret information that some miscreants have assembled and were planning to commit some criminal act. The informant reached for the verification of the said information and they saw three persons were standing and on seeing the police they tried to flee, however, they were apprehended by the police, thereafter, a search was made. On being searched, a country made pistol, a live cartridge and a mobile phone was recovered from the possession of Anuj Kumar (petitioner) and a mobile phone was recovered from the conscious possession of coaccused Saroj Yadav.

7. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the story of recovery of the pistol being made from the petitioner Anuj Kumar is concocted. It is lastly submitted that the petitioner has seven criminal antecedents and is in custody since 16.12.2024.

3/4

8. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.

9. Considering the aforesaid submissions of the parties and taking into account the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Koilwar P.S. Case No. 481 of 2024, subject to the following conditions:- (i) One of the bailors will be a close relative of the petitioner and the other shall be local resident; (ii) the petitioner shall remain present in court on each and every date fixed by the Court below, if so required by the learned Trial Court;

(iii) in case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will liable to be cancelled by the Court concerned; (iv) if the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond;

(v) the Court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found

4/4 that the petitioner has concealed his criminal antecedent, 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 the same on in the name of verification.

(vi) in view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police concerned within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned.

10. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial.

11. Accordingly, the prayer for bail is allowed. (Sourendra Pandey, J) krishna/- U T