Rajesh Kumar @ Rajesh Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.91329 of 2025 Arising Out of PS. Case No.-396 Year-2025 Thana- LALGANJ District- Vaishali ====================================================== Rajesh Kumar @ Rajesh Kumar Mishra Son of Mohan Mishra Resident of Village- Jafrabad, P.S.- Lalganj, District- Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India through S.P. and Head of Branch, C.B.I., ACB, Patna New Delhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan For the State :

Mr. Akshay Lal Pandit For the CBI :

Mr. Nilanjan chatterjee Mr. Ujjwal Raj Mr. Anirvan Choudhuri Mr. Sahi Kumar Mr. Jyoti Prakash ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-04-2026

1. Heard learned Counsel for the petitioner, learned counsel for the Central Bureau of Investigation and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Lalganj Police Station Case No. 396 of 2025, dated 14.08.2025, disclosing offences punishable under Sections 420/ 467/468/471 of the Indian Penal Code.

3. In compliance of this Court's order, Preliminary Enquiry No. PE0232019A0001, dated 14.06.2019, was registered at C.B.I., A.C.B., Patna, to enquire into the matter of use/facilitation of suspected fake and forged arms license

2/5 by the private security agencies.

4. The enquiry report was submitted by the S.P., C.B.I., A.C.B., Patna, on 24.03.2022, having a list of 80 arms licenses, which were found to be prima facie fake. On the basis of the said enquiry report, the present First Information Report has been lodged by the Station House Officer, Lalganj Police Station, on 14.08.2025, stating therein that on the basis of enquiry report of the Central Bureau of Investigation, against the users of illegal arms, a direction was given by the Bihar Police Headquarter on 03.06.2022, to take action against the fake arms holders. In respect of arms license of the petitioner issued on 22.01.1999 by the District Magistrate, Mokochung, Nagaland, the same was found fake and accordingly First Information Report has been registered under the provisions of the Indian Penal Code against the petitioner.

5. Learned Counsel for the petitioner submits that the petitioner has committed no offence and he has falsely been implicated iun this case inasmuch as the arms license, having No. 4333/MKG, dated 22.01.1999, was issued by the District Magistrate, Mokochung, Nagaland, in favour of the petitioner after completion of the enquiry

3/5 procedure. The license was being renewed regularly by the Commissioner of Police, Dimapur, Nagaland. Referring to the copy of the enquiry report (Annexure P/2), learned Counsel submits that the name of the petitioner is reflecting at serial no. 43 and in the remarks column, it has been mentioned that 'record not found' and accordingly the petitioner's license has been prima facie declared as fake. Learned Counsel thereafter referred to the supplementary affidavit and submits that the petitioner is having valid arms license, which is also available on the website of the National Database of Arms License-Arms License Issuance System of the Ministry of Home Affairs, Government of India, having Unique Identification Number 052090023443602015 (Annexure P/4 to the supplementary affidavit).

6. Learned Counsel for the Central Bureau of Investigation is not disputing the fact that against the name of the petitioner, there is a remarks in the column that the record of his license was not found. The Central Bureau of Investigation only conducted the preliminary enquiry and on the basis of the said enquiry, the First Information Report has been registered by the Bihar Police and the

4/5 investigation has been done by them.

7. Learned Counsel for the State is not in a position to doubt the web copy of the details of the license of the petitioner, having Unique Identification Number 052090023443602015, therein.

8. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the web copy, having Unique Identification Number 052090023443602015, (Annexure P/4 to the supplementary affidavit), I am inclined to grant the petitioner privilege of anticipatory bail.

9. This application is, accordingly, allowed.

10. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIII, Vaishali, at Hajipur, in connection with Lalganj Police Station Case No. 396 of 2025, subject to the conditions (i) as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and (ii) that the unique identification

5/5 number of the petitioner shall be verified by the concerned District Court and on being satisfied, the petitioner shall be released on bail.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √