Patna High Court

Akash Kumar @ BhuttaversusThe State of Bihar

Decided: 2 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was not granted to the petitioner.

Summary

The petitioner, Akash Kumar, sought anticipatory bail fearing arrest in a case under Sections 25(1‑B)a, 26 and 35 of the Arms Act. Police, acting on secret information, raided a location where co‑accused fled, recovering a pistol and two country‑made knives from another accused’s house. The petitioner has a prior criminal record for a similar offence. The court examined the seriousness of the alleged offences and the petitioner’s antecedent. Considering these factors, the court rejected the petition for anticipatory bail. Consequently, the petitioner remains liable to be arrested under the pending charges.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the circumstances of the alleged offences under the Arms Act and his prior criminal antecedent.

Legislation cited

Arms Act, 1959 — s. 25(1-B)a, 26, 35

Subjects

anticipatory bail
Arms Act
criminal antecedent
police raid
bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3301 of 2026
                      Arising Out of PS. Case No.-396 Year-2024 Thana- DIDARGANJ District- Patna
                 ======================================================
                 Akash Kumar @ Bhutta S/o Anil Kumar Singh @ Anil Prasad R/o Village-
                 Mohammadpur, P.S.- Didarganj, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashutosh Singh
                 For the Opposite Party/s :       Ms.Sucheta Yadav
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   02-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner apprehends his arrest in a case,

                   registered for offence punishable under Sections 25(1-B)a, 26 &

                   35 of the Arms Act.

                                3. On a secret information that petitioner and other c-

                   accused persons are planning to commit crime, police conducted

                   raid, however, after seeing the police party, all accused fled

                   away from spot. During search, a pistol and two country-made

                   katta were recovered from the house of co-accused Mukesh

                   Kumar. Petitioner has got one criminal antecedent of similar

                   nature.

                                4. Considering the nature of accusation and criminal

                   antecedent,        the prayer for anticipatory bail of petitioner is
             Patna High Court CR. MISC. No.3301 of 2026(2) dt.02-02-2026
                                                         2/2




                       rejected.



                                             (Prabhat Kumar Singh, J)
anay/-

U        T

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