Sagar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79113 of 2025 Arising Out of PS. Case No.-698 Year-2025 Thana- KANKARBAG District- Patna ====================================================== Sagar Kumar S/o Sujit Kumar Resident of - At Present Nandlal Chappra, P.S.- Ramkrishna Nagar, District- Patna (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar, Adv.
For the Opposite Party/s :
Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-12-2025 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Kankarbagh P.S. Case No. 698 of 2025 for the offence registered under sections 25(1-B)a, 26 and 35 of the Arms Act.
3. As per the prosecution story, the Police during routine patrolling duty came to know that some boys are standing near Chaudhary Petrol Pump in suspicious condition. The Police raided the place and apprehended one Siddharth Kumar who gave the name of other persons who escaped, namely, Vishal Raj, Sagar Kumar (petitioner herein) and Anurag Kumar. He further informed that they are having country made arms in their respective possession.
4. The Police thereafter, apprehended Vishal Raj and
Patna High Court CR. MISC. No.79113 of 2025(2) dt.22-12-2025 2/3 recovered/seized country made pistol. Siddharth Kumar also disclosed that he had given a country made pistol to this petitioner while two to Vishal Raj and one to Anurag Kumar. This led to the FIR.
5. Learned Counsel for the petitioner submits that nothing has been recovered from his conscious possession rather from Vishal Raj and only because the accused named him, got implicated. Further, he is a student having no criminal antecedent.
6. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that specific allegation has been made against him by the apprehended person that he was handed over the pistol.
7. Considering the submissions of the parties as also the fact that recovery/seizure is from other accused persons, as submitted, one Anurag Kumar has been extended relief by a Coordinate Bench in Cr. Misc. No. 76954 of 2025, this petitioner has no criminal antecedent, in that background, this Court is inclined to grant him the anticipatory bail with conditions.
8. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-XI, Patna in
Patna High Court CR. MISC. No.79113 of 2025(2) dt.22-12-2025 3/3 connection with Kankarbagh P.S. Case No. 698 of 2025 subject to the following conditions (i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance and at the end of the period, the certificate be submitted to the Court; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T