Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41241 of 2025 Arising Out of PS. Case No.-641 Year-2024 Thana- AMARPUR District- Banka ====================================================== Abhishek Kumar S/o Sitabi Prasad Singh @ Sita Ram Singh R/o VillageRavichak (Ratanpur), P.S.- Sajour, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-07-2025 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Amarpur P.S. Case No. 641 of 2024 registered for the offence under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, four miscreants riding on a motorcycle were fleeing after seeing the police party. They were chased and one of the miscreants namely Rupesh Tanti was caught whereas three miscreants fled away.

4. Learned counsel for the petitioner submits that a country made pistol along with a live cartridge was recovered form the possession of co-accused Rupesh Tanti. The name of this petitioner has come in the statement of the co-accused Rupesh Tanti who has been granted bail by a co-ordinate Bench

Patna High Court CR. MISC. No.41241 of 2025(2) dt.09-07-2025 2/3 of this Court vide Cr. Misc. No. 88590 of 2024 dated 08.01.2025. The petitioner is in custody since 23.04.2025.

4. Learned A.P.P. appearing for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case as well as the submission of the learned counsel for the petitioner, this application for regular bail is allowed.

7. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Banka/concerned Court below in connection with Amarpur P.S. Case No. 641 of 2024 subject to conditions that:- (i).

The petitioner will mark his attendance at the Sajour Police Station on the first & third Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bonds of the petitioner. (ii) The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial and noncooperation in the trial shall result in cancellation of the bail bonds of the petitioner.

(iii). Both the bailors will be blood relatives.

(iv). Before accepting the bail-bonds of the petitioner, the court below will verify the antecedent of the petitioner. If the petitioner is found having clean antecedent, the bail-bonds of

Patna High Court CR. MISC. No.41241 of 2025(2) dt.09-07-2025 3/3 the petitioner shall be accepted. If the petitioner is found having criminal antecedent(s), his bailbonds shall not be accepted by the court below.

8. This application for regular bail stands allowed. (Sandeep Kumar, J) Shishir/- U