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Patna High CourtCR. MISC./41432/2026allowed

Adarsh Yadav @ Adarsh Kumar v. The State Of Bihar

2026-07-01Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41432 of 2026 Arising Out of PS. Case No.-377 Year-2025 Thana- HATHUA District- Gopalganj ====================================================== Adarsh Yadav @ Adarsh Kumar S/o Rambabu Yadav R/o Village- Atwa Durg, P.S.- Hathua, Distt.- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vyas Kumar Mishra, Advocate.

For the Opposite Party/s :

Mr. Raj Ballabh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 01-07-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Hathua P.S. Case No.377 of 2025 instituted under Sections 310(4), 310(5), 3(5) of the B.N.S., 2023 and Section 25(1-B)(a), 26, 35 of the Arms Act.

3. As per the prosecution case, the police team received secret information regarding one Vikash Kumar Sah who alongwith with associates were planning for a dacotiy, the police team reached at the house of Vikash Kumar Sah and started search. During the course of search, 3-4 persons fled away taking advantage of darkness but co-accused Vikash Kumar Sah was apprehended thereafter he disclosed the name of fled away persons including the petitioner. On search, one

Patna High Court CR. MISC. No.41432 of 2026(2) dt.01-07-2026 2/3 desi pistol and one live cartridge was recovered from the place of occurrence.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to previous enmity with the co-accused. He further submits that petitioner was neither present on the spot nor he has any concern with the alleged seized articles. Learned counsel submits that no incriminating article has been recovered from the conscious possession of petitioner. He further submits that petitioner has no criminal antecedent of similar nature, rather he has got 4 criminal antecedent which belongs to Excise Act. Petitioner undertakes to cooperate in the investigation and trial of the case.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the nature of allegation leveled against the petitioner, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the

Patna High Court CR. MISC. No.41432 of 2026(2) dt.01-07-2026 3/3 learned Chief Judicial Magistrate, Gopalganj/ concerned Court in connection with Hathua P.S. Case No.377 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T