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Patna High Court

Ajay Kumar @ Brijkishor KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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/-

U      T


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