Patna High Court – Orders
Abhishek Kumar @ Kama vs The State Of Bihar on 6 March, 2025
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10800 of 2025
Arising Out of PS. Case No.-416 Year-2024 Thana- GORAUL District- Vaishali
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Abhishek Kumar @ Kama Son of Uma Ram @ Umashankar Ram Resident of
village - Bhanpur Bareba, Ps- Goraul, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Avinash .
For the Opposite Party/s : Mr.Uday Chand Prasad
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 06-03-2025
1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Goraul Police Station Case No. 416 of 2024, dated
26.10.2024, disclosing offences punishable under
Sections 25 (1-b)a/26/35 of the Arms Act.
3. The prosecution case, as per the First Information Report,
is that the informant, who is Sub-Inspector of Police,
posted in Goraul Police Station, got information on her
whatsapp that two youths have been seen in Harpur Adra
Fair, waiving fire arms, and upon this informant, she went
to the fair and showed the viral video to the chowkidar,
who disclosed their names as the petitioner and co-
accused Deepak Kumar and on their search, the police
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apprehended co-accused Deepak Kumar, while one
another person succeeded in fleeing away. The arrested
co-accused further disclosed that the fire arm, in the viral
video, was brought by the petitioner and on seeing the
police, they threw the same in a field. The police, on the
disclosure made by the arrested co-accused, recovered
one loaded country-made pistol from the field of one
Bhola Bhagat.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
this case due to village politics on the basis of disclosure
of his name by the village chowkidar as well as the
arrested co-accused person. He further submits that
nothing has been recovered from the conscious
possession and/or premises belonging to the petitioner. He
further submits that the petitioner was not arrested at the
spot and he is having no criminal antecedent.
5. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
the petitioner, along with arrested co-accused person,
namely, Deepak Kumar, was identified in the viral video
and on the basis of that, raid was conducted and out of
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two, one person, i.e. the petitioner, fled away and one
person was apprehended by the police and on the
disclosure made by the arrested co-accused, one loaded
country-made pistol was recovered, I am not inclined to
grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, dismissed
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √