Patna High Court
ABHISHEK UPADHYAYversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 25(1-A), 25(1-AA), 25(1-B)(a), 26, 35
- Bihar Narcotic Substances Act — s. 111(1)
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
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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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