Vishwamohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29191 of 2026 Arising Out of PS. Case No.-80 Year-2026 Thana- LAURIA District- West Champaran ====================================================== Vishwamohan Kumar, S/O Late Pintu Prasad, R/O Village-Lakhanpur, Police Station-Lauriya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Lauriaya P.S. Case No. 80 of 2026 dated 08.02.2026 instituted for the offence punishable under Sections 25(1-B)a, 26, 35 of the Arms Act.

3. Allegation is of recovery of one country made pistol from an E-rickshaw which belongs to the mother of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that nothing has been recovered from the conscious possession of the petitioner rather the seized country made pistol was recovered from E-rickshaw. The petitioner has been made accused in this case only on the basis that he is the

Patna High Court CR. MISC. No.29191 of 2026(2) dt.06-05-2026 2/2 driver of the said E-rickshaw. It is further submitted that the petitioner had parked his E-rickshaw near Chandani Medical for some medicine. Meanwhile, the police came and started searching the alleged vehicle by alighting all the passengers and all the passengers fled away prior to search and when the police searched the E-rickshaw, then a country made pistol was recovered kept under a seat and on that basis, the police has implicated the petitioner in this case. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Lauriya P.S. Case No. 80 of 2026, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate1st, Bettiah, West Champaran subject to condition as laid down under Section 482(2) of the B.N.S.S.

(Khatim Reza, J) premchand/- U T