Patna High Court
Kariya Ray @ Deepak RayversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act, 1959 — s. 25(1-B)(a), 26, 35
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
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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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