IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8433 of 2026 Arising Out of PS. Case No.-132 Year-2025 Thana- BARAUNI RAIL P.S. District- Begusarai ======================================================

Gandhi Kumar @ Amitabh Kumar S/o Tanik Nishad @ Tanki Mahto R/o -

Malhipur Bind Toli, P.S - Chakiya, District - Begusarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr.Aditya Kumar, Adv. For the Opposite Party/s : Mr.Manoj Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

2 17-02-2026 Heard Mr. Aditya Kumar, learned counsel for the petitioner and the learned APP for the State.

2. This application for grant of anticipatory bail arises out of Barauni Rail Police Station Case No. 132 of 2025 dated 19.07.2025, disclosing the offence under Sections 25(1-B)a, 26 of the Arms Act and Sections 317(5) of the BNS lodged by the informant, Umesh Kumar Gupta.

3. As per the prosecution case, the informant/police party alleged that while they were on patrolling, they found some suspicious persons roaming around Chakiya Thermal Power Station and when they tried to nab them, the accused persons succeeded in fleeing away but one person was apprehended namely, Laxman Kumar from whose possession, the police recovered one country made pistol and two cartridges.

Accordingly, the present FIR.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case only on the basis of disclosure of his name by apprehended accused, Laxman Kumar. He further submits that there is nothing specific against the petitioner and nothing has been recovered from his possession, he being only 19 years of age, has a future ahead and he has got clean antecedent. He has been implicated in this case only on the ground of inimical terms between the arrested co-accused, Laxman Kumar and the petitioner.

5. On the other hand, learned APP opposes the prayer for anticipatory bail of the petitioner.

6. After having heard learned counsel for the parties and taking into consideration the fact that nothing incriminating has been recovered from his possession, he has been named in this case by the arrested accused person with whom the petitioner has inimical terms and the petitioner is only 19 years of age, this Court is inclined to grant the petitioner the privilege of anticipatory bail.

7. This application for anticipatory bail is, accordingly, allowed.

8. Let the petitioner, named above, in the event of their arrest or surrender before the Court below within six 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 (Railway), Barauni, Begusarai, in connection with aforesaid Police Station Case subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023, as well as the following conditions:-

(i) one of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide;

(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail (iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his/her bail bonds.

(Ajit Kumar, J)

perwez U

2. This application for grant of anticipatory bail arises out of Barauni Rail Police Station Case No. 132 of 2025 dated 19.07.2025, disclosin