Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72987 of 2025 Arising Out of PS. Case No.-403 Year-2025 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Abhishek Kumar Son of Late Mintu Singh Residents of Village- Malthar, PsUdwantnagar, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akash Kumar Mishra For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-11-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State, Sri Rabindra Kumar. 2.

The petitioner apprehends his arrest in connection with Udwantnagar P.S. Case No. 403 of 2025, 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 that petitioner is a person with clean antecedent and the informant alleges that he received an information that Raushan and petitioner are viral on social network and were seen buying and selling arms at the house of the petitioner, accordingly the informant reached near the house of the petitioner, when Raushan was apprehended and he disclosed the name of the petitioner, who fled with some arms, further nine empty

Patna High Court CR. MISC. No.72987 of 2025(2) dt.13-11-2025 2/3 cartridges from a place outside the house of the petitioner concealed under cow dung.

4.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant based on confessional statement of Raushan in police custody which does not have any evidentiary value . It is next submitted that petitioner was not apprehended from the spot and even nine empty cartridges were not recovered from the house of the petitioner, but from a place adjacent to his house. It is also submitted that petitioner runs a sweet shop near Udwantnagar Police Station.

5.

Learned A.P.P. for the State, Sri Rabindra Kumar, opposes the prayer for anticipatory bail of the petitioner and submits that based on secret informant, the petitioner along with Raushan were seen on social media indulging in purchasing and selling of the arms, the house of the petitioner raided, but then petitioner fled and Raushan was apprehended, who disclosed that petitioner on seeing the police fled with some arms, it is next submitted that there is a specific allegation in the FIR that petitioner along with Raushan were seen on social media indulging in selling and purchasing arms and the said allegation has not been denied in the anticipatory bail application, it is also

Patna High Court CR. MISC. No.72987 of 2025(2) dt.13-11-2025 3/3 submitted that investigation of the case is in its nascent stages. 6.

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

7.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Satyavrat Verma, J) Sumit/- U T