Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied because the seriousness of the alleged offences and the petitioner’s multiple pending criminal cases warranted denial of relief.
Summary
The petitioner, Kundan Kumar, sought anticipatory bail fearing arrest in a case (PS Case No. 111 of 2025) involving alleged offences under the Bharatiya Nyaya Sanhita, 2023, the Arms Act and the NDPS Act. The prosecution alleged seizure of 14.67 grams of a narcotic, a country-made katta, a live cartridge, a toy gun and flammable substances, and that the petitioner was one of four accused. The petitioner contended innocence, asserting no incriminating items were found in his possession and he had no link to the seized vehicle, though he has five pending criminal cases. The State opposed bail, emphasizing the pending cases and the seriousness of the alleged offences. After considering the facts, the Court declined to grant anticipatory bail, rejecting the petition.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023, Arms Act and NDPS Act in view of the nature of the alleged offences and the existence of multiple pending criminal cases.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 313, 317(4), 317(5)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(c)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Arms Act
- NDPS Act
- criminal procedure
- pending criminal cases
- seizure of narcotics
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38055 of 2026
Arising Out of PS. Case No.-111 Year-2025 Thana- BARAULI District- Gopalganj
======================================================
Kundan Kumar S/o Wakil Ray R/o village- Madhopur Hazari, PS- Sahebganj,
District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Bela Singh, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Barauli P.S. Case No. 111 of 2025, dated 22.04.2025,
lodged under Sections 303(2), 313, 317(4) & 317(5) of the
Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as “BNS,
2023”), Sections 25(1-b)a, 26 & 27 of the Arms Act and
Sections 8(c) & 21(b) of the N.D.P.S. Act, pending before the
Court of Principal Sessions Judge, Gopalganj.
3. As per the prosecution, FIR has been lodged against
four named accused persons, including the present petitioner. A
total recovery of 14.67 grams of brown-coloured smack-like
narcotic substance, one country-made katta along with one live
cartridge, one toy gun made of steel, and four white-coloured
Patna High Court CR. MISC. No.38055 of 2026(2) dt.17-06-2026
2/2
gallons, out of which two gallons were filled with 80 litres of
diesel-like flammable substance, has been made, which are the
subject matters of the present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that nothing incriminating has been recovered
from the conscious possession of the petitioner. Counsel further
submits that the petitioner has no concern with the seized
vehicle. Counsel also submits that the criminal antecedents of
the petitioner are not clean, as five criminal cases are pending
against him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that five criminal cases are
pending against the petitioner.
6. Considering the facts and circumstances of the
present case, this Court is not inclined to grant anticipatory bail
to the petitioner. Accordingly, the prayer for anticipatory bail of
the petitioner is hereby rejected.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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