IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8802 of 2026 Arising Out of PS. Case No.-134 Year-2024 Thana- MUSAHARI District- Muzaffarpur ====================================================== Avinash Kumar S/O Vinoda Nand Jha R/O Village- Beruha Dih, P.S- Sakra, Distt.- Muzaffarpur (Bihar). ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar, Adv. For the Opposite Party/s : Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 3 01-04-2026 Heard Learned Counsel for the petitioner and Learned APP for the State. 2. The petitioner is apprehending arrest in connection with Mushahari P.S. Case No.134 of 2024 lodged on 16.05.2024, for the offences punishable under Sections 25(1- B)a/26/35 of the Arms Act. 3. As per the prosecution, FIR has been lodged against four named accused persons including the present petitioner with allegation that upon information, when Income Tax Department had made raid in the School of Vijay Jha, namely, Vivekanand Kids Play School, the I.T. department has intimated that in the godrej of school, illegal weapons i.e., one dual barrel desi katta, a country made sixer, a countrymade katta with live cartridges have been recovered. Patna High Court CR. MISC. No.8802 of 2026(3) dt.01-04-2026 2/3 4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that from the content of FIR, it is very much clear that the informant has disclosed that arms has been recovered from Godrej of school of Vijay Jha in presence of Vice- Principal. He further submits that the principal of the school is the son of Vijay Jha who is in service of a company situated at Mumbai. He has also annexed Identity card as well as employment contract letter vide Annexure-P/2 and P/3 of the bail petition. 5. Counsel submits that the criminal antecedent of the petitioner is clean and case diary has been called for. 6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that offence has been lodged under Arms Act, but admittedly, it has not been recovered from the petitioner’s conscious possession. 7. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the Patna High Court CR. MISC. No.8802 of 2026(3) dt.01-04-2026 3/3 satisfaction of Judicial Magistrate, Muzaffarpur or its available successor court, in connection with Mushahari P.S. Case No.134 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. Prakashmani/- (Dr. Anshuman, J) U T