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Patna High Court

Sanjay Singh @ Sanjay Kumar Sharma @ Sanjay KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail is denied to the petitioner.

Summary

The petitioner, Sanjay Singh, sought anticipatory bail in a case (Bihta PS Case No. 672 of 2025) involving alleged extortion of boatmen and the use of deadly firearms, with weapons and ammunition reportedly recovered from the accused. The prosecution alleged that the accused opened indiscriminate fire on police, and the FIR was filed under Sections 111, 109, 132 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and several provisions of the Arms Act. The petitioner claimed innocence, stating nothing was recovered from his possession, but the State highlighted that he has 13 pending criminal cases. The High Court, after hearing counsel, declined to grant anticipatory bail, directing the petitioner to surrender within four weeks and allowing the trial court to consider a bail application on merits. The order emphasizes that the anticipatory bail petition is rejected.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the Bhartiya Nyaya Sanhita, 2023 and the Arms Act given the nature of the allegations.
  • Whether the existence of multiple pending criminal cases bars the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • arms possession
  • extortion
  • pending criminal cases
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26856 of 2026
                         Arising Out of PS. Case No.-672 Year-2025 Thana- BIHTA District- Patna
                 ======================================================
                 Sanjay Singh @ Sanjay Kumar Sharma @ Sanjay Kumar Son of Late Ramesh
                 Prasad @ Late Rakesh Singh Resident of Village - Nima, P.S. - Dhanarua,
                 P.O. - Nadwan, Dist. - Patna(Bihar).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amish Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ramchandra Sahni, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   22-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Bihta P.S. Case No. 672 of 2025, dated 24.08.2025, lodged

                   under Sections 111, 109, 132 & 3(5) of the Bhartiya Nyaya

                   Sanhita, 2023 (hereinafter referred to as “BNS, 2023”) and

                   under Sections 25(1-AAA) 25(1-B)(a), 26(2), 35 & 27 of the

                   Arms Act, pending before the Court of Additional Chief Judicial

                   Magistrate-II, Danapur.

                                3. As per the prosecution, an FIR has been lodged

                   against 14 named accused persons, including the present

                   petitioners, alleging that the accused persons are involved in

                   extortion from boatmen engaged in illegal sand mining and
Patna High Court CR. MISC. No.26856 of 2026(2) dt.22-04-2026
                                            2/3




          were using deadly firearms to spread terror. It has further been

          alleged that when the case was registered and the police party

          reached and attempted to stop them, the accused persons opened

          indiscriminate fire upon the police party. From their possession,

          an AK-47 rifle with live cartridges, a .315 rifle with live

          cartridges, a large quantity of ammunition of different calibres,

          and mobile phones were recovered.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          further submits that nothing has been recovered from the

          possession of the petitioner. Counsel further submits that the

          antecedent of the petitioner is not clean, as there are 13 criminal

          cases pending against him.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that there are 13 criminal cases

          pending against the petitioner.

                       6. In the present facts and circumstances, this Court is

          not inclined to grant anticipatory bail to the petitioner.

          Accordingly, the prayer for anticipatory bail of the petitioner is

          hereby rejected.

                       7. It is directed to the petitioner to surrender before

          the Trial Court within a period of 4 weeks from today. In case,
          Patna High Court CR. MISC. No.26856 of 2026(2) dt.22-04-2026
                                                      3/3




                    the petitioner surrenders within four weeks, then the Trial Court

                    is directed to pass order on his surrender-cum-bail application

                    on the same day without being prejudice that the anticipatory

                    bail of the petitioner has been rejected by this Court and the

                    Trial Court shall pass order on the merit of this case.



                                                                   (Dr. Anshuman, J.)

Aman Kumar/-

U     T


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