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Patna High Court

Kariya Ray @ Deepak RayversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that anticipatory bail could not be granted in the present case due to the serious nature of the alleged Arms Act offences.

Summary

The petitioner, Kariya Ray, sought anticipatory bail after the police recovered a country-made pistol, magazines, and live cartridges from his residence in connection with a case under the Arms Act. The prosecution alleged violations of Sections 25(1‑B)(a), 26 and 35 of the Arms Act. The petitioner feared arrest and applied for anticipatory bail, arguing that the circumstances did not warrant detention. The court examined the seriousness of the alleged offenses and the nature of the seized weapons, concluding that the gravity of the allegations outweighed the petitioner's claim for pre‑emptive release. Consequently, the court refused to grant anticipatory bail, directing the petitioner to surrender within four weeks for regular bail proceedings. The order was limited to the anticipatory bail application and does not prejudice any future proceedings.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case involving alleged offences under Sections 25(1‑B)(a), 26 and 35 of the Arms Act

Legislation cited

Subjects

  • anticipatory bail
  • Arms Act
  • illegal possession of firearms
  • bail jurisdiction
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38198 of 2026
                       Arising Out of PS. Case No.-57 Year-2026 Thana- BARHARA District- Bhojpur
                 ======================================================
                 Kariya Ray @ Deepak Ray Son of Rishi Ray Resident Of Village - Matukpur,
                 Ps- Brahara, Dist- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravindra Kumar, Advocate
                                                  Mr. Amish Kumar No I
                 For the Opposite Party/s :       Mr. Yogendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-06-2026                   Heard the learned counsel for the petitioner and the

                   learned counsel for the State.

                                 2. The petitioner apprehends arrest in connection with

                   Barhara P.S. Case No. 57 of 2026 registered for offences under

                   Section(s) 25(1-B)a, 26 and 35 of the Arms Act.

                                 3. As per the prosecution case, one country made

                   pistol, two empty magazines, eleven live cartridges and three

                   empty cartridges have been recovered from the house of the

                   petitioner.

                                 4. Having considered the nature of allegations and the

                   recovery made, this Court is not inclined to grant the privilege

                   of anticipatory bail to the petitioner in the present case.

                                 5. Accordingly, the application for anticipatory bail is
            Patna High Court CR. MISC. No.38198 of 2026(2) dt.16-06-2026
                                                        2/2




                      dismissed.

                                   6. However, the petitioner may surrender before the

                      concerned Court below within four weeks from today and pray

                      for regular bail, if so advised.

                                   7. It is, however, clarified that the observations made

                      herein are limited to the adjudication of the present application

                      and shall not prejudice the case of the petitioner at any

                      subsequent stage of the proceedings.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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