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Patna High Court

Sikandar RaiversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was not granted as the case was not fit for such relief.

Summary

The petitioners sought anticipatory bail fearing arrest in a criminal case (Pahleja PS Case No. 67 of 2024) involving alleged theft, assault and shooting of a victim. The charges included offences under Sections 147, 148, 149, 452, 380, 302 and 506 of the Indian Penal Code and Section 27 of the Arms Act. The court examined the facts that the accused, including the petitioners, had shot at the victim after a protest. It held that the seriousness of the alleged offences made the case unsuitable for anticipatory bail. Consequently, the anticipatory bail application was dismissed, with the court noting that its observations were limited to this bail application and did not prejudice the trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in a case involving theft, assault and shooting under the IPC and Arms Act

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Arms Act
  • theft
  • shooting
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26056 of 2026
                        Arising Out of PS. Case No.-67 Year-2024 Thana- Pahelja P.S. District- Saran
                 ======================================================
           1.     Sikandar Rai S/O Singhashan Rai R/O Village- Manas, P.S- Naya Panapur,
                  Distt.- Patna.
           2.    Singhashan Rai S/O Ram Janam Rai R/O Village- Manas, P.S- Naya
                 Panapur, Distt.- Patna.

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr.Vijay Kumar, Advocate
                 For the State             :        Mr.Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   06-05-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                 2. The petitioners apprehend arrest in connection with

                   Pahleja P.S. Case No. 67 of 2024 instituted under Sections 147,

                   148, 149, 452, 380, 302 and 506 of the Indian Penal Code and

                   Section 27 of the Arms Act.

                                 3. The petitioners and others are accused of

                   committing theft and thereafter when the deceased protested, he

                   was shot at by them.

                                 4. Considering the fact that the victim had been shot

                   at by the accused persons including the petitioners, this is not a

                   fit case for grant of anticipatory bail.
           Patna High Court CR. MISC. No.26056 of 2026(2) dt.06-05-2026
                                                       2/2




                                  5. Accordingly, the application stands dismissed.

                                  6. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioners at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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