IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1452 of 2026 Arising Out of PS. Case No.-370 Year-2025 Thana- PARSABAZAR District- Patna ======================================================

Abhishek Kumar @ Abhishek Anand S/O Sanjay Singh R/O Sipara Gandhi Murti, P.S- Beur, Dist- Patna.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr.Ghanshyam Tiwary, Advocate For the Opposite Party/s : Mr.Nand Kumar, A.P.P.

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER

2 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Parsa Bazar P.S. Case No. 370 of 2025, instituted for the offences punishable under Section 25(1-b), 26 and 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 220.05 liters liquor was recovered from rented room of the co-accused. It is alleged that 04 magazine, one country made pistol and four live cartridges have also been recovered. Petitioner was arrested on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The alleged recovery has been made from the rented house of co-accused Abhay Kumar and petitioner disclosed that the alleged arms belonged to co-accused. The petitioner is in custody since 08.10.2025 and has got two criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Parsa Bazar P.S.

Case No. 370 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the (Rudra Prakash Mishra, J)

manish/- U T