Patna High Court
Ajay Kumar @ Brijkishor KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted to the petitioner.
Summary
The petitioner, Ajay Kumar, was implicated in a case (Pipra P.S. Case No. 98 of 2026) for alleged assault on police officers during a raid, with charges under several sections of the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act, 2022. He applied for anticipatory bail, claiming innocence and a clean antecedent, while the prosecution opposed the relief. The court examined the gravity of the alleged offences and the circumstances of the case. Concluding that the seriousness of the charges warranted caution, the court declined to grant anticipatory bail. The application was dismissed, but the petitioner was permitted to surrender within two weeks to seek regular bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the offences alleged under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act, 2022.
Legislation cited
- Bihar Narcotic Substances Act — s. 109(1), 115(2), 118, 126(2), 132, 191(2), 191(3), 3(5)
- Bihar Prohibition and Excise Act, 2022 — s. 30(a), 41(1), 45
Subjects
- anticipatory bail
- assault on police
- bail application
- criminal procedure
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Act
- pre‑trial relief
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37770 of 2026
Arising Out of PS. Case No.-98 Year-2026 Thana- PIPRA District- East Champaran
======================================================
Ajay Kumar @ Brijkishor Kumar Son of Singhasan Prasad Resident of Vill-
Bediban,Madhuban, P.S.-Pipra, District -East Champaran,Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Adv.
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Pipra P.S. Case No. 98 of 2026 registered for offences
under Sections 126(2), 115(2), 118, 109(1), 132, 191(2), 191(3)
& 3(5) of B.N.S. read with Sections 30(a), 41(1) & 45 of Bihar
Prohibition and Excise Act, 2022.
3. As per the prosecution case, the petitioner is
accused of assaulting the police personnel, when they had raided
the village of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
The petitioner claims clean antecedent. His name has surfaced
on the statement made by informant.
Patna High Court CR. MISC. No.37770 of 2026(2) dt.15-06-2026
2/2
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the facts and circumstances of the
case and the gravity of the offence, I am not inclined to grant
anticipatory bail to the petitioner.
7. Accordingly, this application is dismissed.
8. However, the petitioner may surrender before the
court below within a period of two weeks from today and pray
for regular bail, if so advised.
9. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
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