Patna High Court
Mohit Prasad @ Mohit KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied as the court was not inclined to grant the privilege given the serious nature of the offences and the incriminating statement.
Summary
The petitioner, Mohit Prasad, sought anticipatory bail fearing arrest in a case registered under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act. The petitioner’s name appeared in a self‑inculpatory statement of a co‑accused, and he claimed innocence, alleging false implication. The court examined whether the seriousness of the offences and the presence of incriminating statements warranted the grant of anticipatory bail. Considering the gravity of the charges and the evidential material, the judge was not inclined to extend the privilege of anticipatory bail. Consequently, the application for anticipatory bail was dismissed and the petitioner was directed to surrender within four weeks and apply for regular bail. The order was communicated to the Superintendent of Police for compliance.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case involving murder (IPC 302/34) and illegal arms possession (Arms Act 27)
- Whether the self‑inculpatory statement of a co‑accused justifies denial of anticipatory bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- anticipatory bail
- IPC 302
- IPC 34
- Arms Act 27
- self‑inculpatory statement
- criminal procedure
- murder
- illegal arms possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27397 of 2025
Arising Out of PS. Case No.-9 Year-2024 Thana- Jaitpur District- Muzaffarpur
======================================================
Mohit Prasad @ Mohit Kumar son of Dilip Prasad @ Dilip Kumar Village-
Chainpura ,P.S- Deoria ,DIST- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr. Anjani Pd. Singh, Adv
For the Opposite Party/s : Mr.Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Jaitpur P.S.Case No. 09 of 2024 registered for the offence
under sections 302/34 of the Indian Penal Code and section 27
of the Arms Act.
3. The name of the petitioner has come in self
inculpatory statement of the co-accused.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and he has falsely been
implicated in this case.
5. Considering the aforesaid facts, I am not inclined
to grant privilege of anticipatory bail to the petitioner.
6. This application is dismissed. The petitioner is
Patna High Court CR. MISC. No.27397 of 2025(5) dt.20-02-2026
2/2
directed to surrender within four weeks from today and pray for
regular bail.
7. Let a copy of this order be communicated to the
Superintendent of Police, Muzaffarpur through FAX or e-mail
for its compliance.
(Sandeep Kumar, J)
N.K/-
U T
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