Abhishek Kumar @ Kama v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30520 of 2025 Arising Out of PS. Case No.-416 Year-2024 Thana- GORAUL District- Vaishali ====================================================== Abhishek Kumar @ Kama Son of Umashankar Ram @ Uma Ram @ Uma Ray @ Uma Shankar Ram R/O Vill.- Bhanpur Bareba, P.S.- Goraul, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anish Kumar, Advocate For the Opposite Party/s :
Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 26-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Section 25 (1-b)a/26/35 of the Arms Act.
3. The allegation in the first information report is that one video went viral of two persons brandishing pistol in their hands. On such information, the informant along with police party made an enquiry and the local chaukidar told that the said two persons are Vipin Kumar and Abhishek Kumar (petitioner). On such information, Vipin Kumar was apprehended and one country made pistol was recovered along with one live cartridge from the maize field and the
Patna High Court CR. MISC. No.30520 of 2025(2) dt.26-05-2025 2/3 apprehended person disclosed the name of the petitioner as his fleeing accomplice.
4. It is submitted by learned counsel for the petitioner that the first information report itself discloses that it relates to a case in which a video of two persons went viral and it was only on information of the local chaukidar the name of the petitioner surfaced in the present case. It is further submitted that one of the co-accused was apprehended and upon his confessional statement the name of the petitioner has transpired in this case as the person who managed to flee away. There is no recovery from the conscious or physical possession of the petitioner. The said country made pistol was recovered from the maize field, which is an open place and easily accessible to anyone. The petitioner is a student and pursuing his studies. The petitioner has no criminal antecedent and has been languishing in custody since 20.03.2025.
5. Learned APP for the State opposed the bail petition.
6. Taking into consideration the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.30520 of 2025(2) dt.26-05-2025 3/3 amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Goraul P.S. Case No.416 of 2024, subject to the condition that the petitioner is directed to make himself physically present before the Investigating Officer of the concerned Police Station in every week till the charge-sheet is submitted against him and on failure to do so, his bail bonds shall be liable to be cancelled by the learned court concerned.
(Soni Shrivastava, J) Trivedi/- U T