Patna High Court
Sanjay Singh @ Sanjay Kumar Sharma @ Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
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
- Arms Act — s. 25(1-AAA), 25(1-B)(a), 26(2), 27, 35
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 111, 132, 3(5)
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
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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,
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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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