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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 ====================================================== 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 ====================================================== Appearance : For the Petitioner/s : Mr.Avinash . For the Opposite Party/s : Mr.Uday Chand Prasad ====================================================== 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
Patna High Court CR. MISC. No.10800 of 2025(2) dt.06-03-2025 2/3 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
Patna High Court CR. MISC. No.10800 of 2025(2) dt.06-03-2025 3/3 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
Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √