Patna High Court
Gaurav KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The anticipatory bail application is not maintainable.
Summary
Gaurav Kumar was charged under multiple provisions of the Bihar Narcotic Substances Act, 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. He filed an anticipatory bail application before the Special Public Prosecutor. The appeal challenged the order of the Exclusive Special Judge who had dismissed the anticipatory bail. The Patna High Court examined the allegations in the FIR and concluded that the anticipatory bail application was not maintainable. Consequently, the court dismissed the appeal, directing the appellant to surrender before the lower court and seek regular bail.
Issues considered
- Whether the anticipatory bail application filed by the appellant is maintainable under the facts of the case.
Legislation cited
- B.N.S., 2023 — s. 115(2), 126(2), 132, 137(2), 303(2), 308(3), 308(5), 351(2), 351(3), 352
Subjects
- anticipatory bail
- maintainability
- criminal procedure
- Bihar Narcotic Substances Act
- SC/ST (Prevention of Atrocities) Act
- bail
- appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1491 of 2025
Arising Out of PS. Case No.-437 Year-2024 Thana- BODHGAYA District- Gaya
======================================================
Gaurav Kumar S/O Shalesh Kumar @ Shailesh Kumar @ Shailesh Singh
Resident of Village- Mali Baghicha, Dandi Bagh, P.S.- Vishnupad, District-
Gaya,
... ... Appellant/s
Versus
1. The State of Bihar
2. Pappu Kumar S/O Late Hanuman Mochi R/O Village- Makhdumabad, P.O-
Makhdumabad, P.S- Parashi, Distt.- Arwal, at present Resident of Mohalla-
Vidhut Nagar Colony, Do Muhana, Quarter No. F/16, P.S- Bodhgaya, Distt.-
Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Gajendra Kumar Singh, Advocate
For the Respondent/s : Mr.Binay Krishna, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 12-03-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State.
2. This appeal has been preferred against the order
dated 19.11.2024 passed by the learned Exclusive Special
Judge, S.C./S.T., Gaya in connection with A.B.P. No. 352 of
2024 arising out of Bodh Gaya P.S. Case No. 437 of 2024,
registered for the offences under Sections 126(2), 132, 115(2),
137(2), 303(2), 308(3), 308(5), 352, 351(2) and 351(3) of the
B.N.S.,2023 and Sections 3(i)(r)(s) and 3(ii)(va) of the S.C./S.T.
(Prevention of Atrocities) Act.
3. From the allegations levelled in the F.I.R., I am of
Patna High Court CR. APP (SJ) No.1491 of 2025(4) dt.12-03-2026
2/2
the considered view that the present anticipatory bail application
is not maintainable.
4. Accordingly, this appeal is dismissed with liberty to
the appellant to surrender before the court below and pray for
regular bail.
(Sandeep Kumar, J)
tusharika/-
U T
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