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Patna High Court

ABHISHEK UPADHYAYversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court refused to grant bail and dismissed the bail application.

Summary

Abhishek Upadhyay was arrested while traveling in a car from which foreign-made pistols, live ammunition, mobile phones and SIM cards were recovered. He is charged under Section 111(1) of the Bihar Narcotic Substances Act and several provisions of the Arms Act (Sections 25(1‑A), 25(1‑AA), 25(1‑B)(a), 26 and 35). The petitioner contended that he was falsely implicated, had no criminal record, and was merely on a land‑measurement assignment when seized. He applied for regular bail, undertaking cooperation with the trial, while the State opposed the bail. The High Court, after hearing both sides, declined to grant bail and dismissed the application.

Issues considered

  • What is the appropriate decision on the bail application for a person accused under the Bihar Narcotic Substances Act and the Arms Act?

Legislation cited

Subjects

  • bail
  • Arms Act
  • Bihar Narcotic Substances Act
  • false implication
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43267 of 2026
                       Arising Out of PS. Case No.-123 Year-2026 Thana- JALALPUR District- Saran
                 ======================================================
                 ABHISHEK UPADHYAY S/O LATE AMRENDRA UPADHYAY R/O VILL-
                 RAJAPUR, PS- EKMA, DISTRICT- SARAN

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Gyanendra Kumar Diwakar, Advocate
                 For the Opposite Party/s :       Mr.Yogendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   02-07-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Jalalpur P.S. Case No. 123/2026 registered for the offences

                   punishable under Section 111(1) of B.N.S. and Sections 25(1-

                   A), 25(1-AA), 25(1-B)(a), 26 and 35 of Arms Act.

                                3. As per the prosecution case, foreign-made pistols,

                   live cartridges/ ammunition, mobile phones and SIM cards were

                   recovered from a car in which the petitioner was travelling.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the case. It is next

                   submitted that the petitioner is an Amin and was being taken for

                   measurement of a piece of land. However, during the course of

                   the police operation, he was apprehended while sitting in the
              Patna High Court CR. MISC. No.43267 of 2026(2) dt.02-07-2026
                                                          2/2




                        car. Learned counsel further submits that he has no criminal

                        antecedent and he is in custody since 01.04.2026. The petitioner

                        undertakes to co-operate in the case/ trial.

                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     6. Considering the aforesaid facts, this Court is not

                        inclined to grant bail to the petitioner.

                                     7. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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