Patna High CourtCR. MISC./48054/2025bail granted

Abhishek Kumar v. The State Of Bihar

2025-07-11Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48054 of 2025 Arising Out of PS. Case No.-408 Year-2024 Thana- BELDOUR District- Khagaria ====================================================== Abhishek Kumar S/O Sri Ranjan Yadav @ Ranjan Kumar R/O VillagePirnagra, P.S- Beldaur, Distt.- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Anand, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Earlier anticipatory bail of the petitioner was rejected vide order dated 09.05.2025 passed in Cr. Misc. No. 26819 of 2025 (Annexure-1).

3. The petitioner seeks bail in connection with Beldaur P.S. Case No. 408 of 2024, instituted for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

4. The prosecution case, in short, is that, there is recovery of one country made pistol and twelve live cartridges from the house of co-accused, namely, Ranjan Yadav.

5. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.48054 of 2025(2) dt.11-07-2025 2/3 petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner was not present at the place of occurrence. Name of the petitioner has transpired in this case on the basis of confessional statement made by coaccused, namely, Rupam Devi and the same has got no evidentiary value. It is next submitted that the petitioner has got no concern with the alleged recovery of arms. The petitioner is in custody since 27.05.2025 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 02.04.2025 passed in Cr. Misc. No. 18762 of 2025.

6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.48054 of 2025(2) dt.11-07-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Beldaur P.S. Case No. 408 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T