Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42697 of 2026 Arising Out of PS. Case No.-17 Year-2026 Thana- GAURICHAK District- Patna ====================================================== Abhishek Kumar S/o Naresh paswan R/o Vill- Kushban, P.S.- Dhanarua, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar, Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-07-2026

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 25(1-B) (a), 26 and 35 of the Arms Act.

3. Learned counsel for the petitioner submits petitioner is a person with clean antecedent and the informant alleges that a video went viral in which an accused was showing arms, accordingly, an inquiry was conducted and Sahil was arrested, who disclosed that weapon is of Sunny, accordingly, house of Sunny was raided and a country-made pistol was recovered and Sunny was apprehended who disclosed that he buys arms from Krishna Kumar, thereafter house of Krishna Kumar was raided and a country-made pistol was recovered and

Patna High Court CR. MISC. No.42697 of 2026(2) dt.09-07-2026 2/3 Krishna was arrested and he disclosed that he purchases weapon from Sachin and petitioner, accordingly, house of Sachin was raided and Sachin was arrested on identification of Krishna and petitioner was found absconding.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner has been falsely implicated in the instant case by the informant based on confessional statement of apprehended accused in police custody which does not have any evidentiary value. It is also submitted petitioner is a person with clean antecedent.

5. The learned APP opposes the anticipatory bail application and submits no doubt, name of the petitioner transpired based on confessional statement of apprehended accused in police custody which does not have any evidentiary value but then allegation is that one Sahil was arrested as he was flaunting arms on social media and the arms was found genuine and he disclosed the name of the accused from whom he had got the arms and thereafter other accused were also arrested but then petitioner was found absconding. It is further submitted that the anticipatory bail application does not disclose what the petitioner does for earning his living. It is also submitted that investigation of the case is in its nascent stages and if privilege

Patna High Court CR. MISC. No.42697 of 2026(2) dt.09-07-2026 3/3 of anticipatory bail is granted, the petitioner may abscond.

6. At this stage, learned counsel appearing on behalf of petitioner submits that the order impugned inadvertently records that petitioner was arrested when petitioner was not.

7. Considering the submission made by the learned APP, this Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

8. The application stands rejected.

(Satyavrat Verma, J) rajesh/- U T