Patna High Court
Makhan Kumar @ MakhanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Makhan Kumar, applied for anticipatory bail after learning that he may be arrested in connection with FIR No. 86 of 2025, which alleges his participation in a firearm‑related murder. The FIR charges him under Sections 126(2), 118(1), 109, 61(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act, with later additions of Section 103 of the BNS and Sections 25(1‑Ba), 26 and 35 of the Arms Act. The prosecution relied on self‑inculpatory statements of co‑accused Shintu and Mithun, asserting that the petitioner was involved in planning and conspiracy to commit the murder. The Court, considering the seriousness of the offences, declined to grant anticipatory bail, directing the petitioner to surrender within four weeks and seek regular bail. The order is limited to the anticipatory bail application and does not prejudice any later proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the nature and gravity of the offences alleged under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the petitioner’s alleged participation in planning and conspiracy justifies denial of anticipatory bail
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 27, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 109, 118(1), 126(2), 3(5), 61(2)
Subjects
- anticipatory bail
- conspiracy
- murder
- firearm
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1826 of 2026
Arising Out of PS. Case No.-86 Year-2025 Thana- Chitragupta Nagar District- Khagaria
======================================================
Makhan Kumar @ Makhan Son of Rupesh Kumar Singh @ Rupesh Singh
Village- Sanhauli, Ward No 25, PS -Chitragupta Nagar, Distt- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandan Kumar Kashyap
For the Opposite Party/s : Dr. Kumar Uday Pratap
For the Informant : Mr. Deepak Kumar, Advocate
Mr. Sumit Kumar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-02-2026 Heard the learned counsel for the petitioner, the
learned APP for the State, and the learned counsel for the
informant.
2. The petitioner apprehends arrest in connection with
Chitragupta Nagar P.S. Case No. 86 of 2025, registered for
offences under Sections 126(2), 118(1), 109, 61(2), and 3(5) of
the Bharatiya Nyaya Sanhita, 2023, and Section 27 of the Arms
Act. Later, Section 103 of the Bharatiya Nyaya Sanhita, 2023,
and Sections 25(1-B)a, 26, and 35 of the Arms Act were added.
3. The allegation against the named FIR accused
persons including the petitioner is of killing the deceased by
firearm. During the investigation, the involvement of the
petitioner (Makhan Kumar @ Makhan) and co-accused Shivam
Patna High Court CR. MISC. No.1826 of 2026(2) dt.24-02-2026
2/2
Kumar emerged from the self-inculpatory statements of co-
accused Shintu and Mithun. The petitioner participated in
planning and conspiracy to commit the murder.
4. Considering the nature and the gravity of the
offence, this Court is not inclined to grant the privilege of
anticipatory bail to the petitioner in the present case.
5. Accordingly, the application for anticipatory bail is
hereby rejected.
6. The petitioner is directed to surrender in the court
below within a period of four weeks from today and seek
regular bail, failing which the Superintendent of Police,
Khagaria will take all steps for the arrest of the petitioner.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
8. Let a copy of this order be communicated to the
Superintendent of Police, Khagaria through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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