Patna High Court

Aakash Kumar @ Santosh Kumar @ Santosh SahversusThe State of Bihar

Decided: 11 February 2026
Disposal: DISMISSED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied because the seriousness of the charges and the petitioner’s prior similar criminal antecedents warranted denial.

Summary

The petitioner, Aakash Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 341, 307, 34 of the Indian Penal Code and Sections 25(1‑B)a, 26, 27, 35 of the Arms Act. The FIR alleges that he fired a pistol at an informant's shoulder, causing grievous injury, and he has four prior similar criminal antecedents. The learned counsel for the petitioner argued for bail, while the State opposed it. The Court examined the seriousness of the alleged offences and the petitioner’s criminal history. Concluding that the nature of the accusations and the antecedents warranted denial of bail, the Court rejected the anticipatory bail application. The petition was therefore dismissed.

Issues considered

Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the IPC and Arms Act and his prior criminal antecedents

Legislation cited

Arms Act — s. 25(1-B)a, 26, 27, 35
Indian Penal Code — s. 307, 34, 341

Subjects

anticipatory bail
IPC
Arms Act
criminal antecedent
bail denial

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.4370 of 2026
                         Arising Out of PS. Case No.-371 Year-2020 Thana- BAJPATTI District- Sitamarhi
                    ======================================================
                    Aakash Kumar @ Santosh Kumar @ Santosh Sah S/o Naresh Sah R/o Village
                    - Bathnaha P.S.- Bathnaha, District – Sitamarhi
                                                                           ... ... Petitioner/s
                                                        Versus
                    The State of Bihar
                                                                    ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :        Mr.Virendra Kumar
                    For the Opposite Party/s :        Md. Aslam Ansari
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

2      11-02-2026                    Heard learned counsel for the petitioner and learned

                      A.P.P for the State.

                                   2. The petitioner apprehends his arrest in a case,

                      registered for offence punishable under Sections 341, 307, 34 of

                      the Indian Penal Code and Sections 25(1-B)a, 26, 27, 35 of the

                      Arms Act.

                                   3. As per F.I.R., this petitioner is alleged to have fired

                      bullet from his pistol on the shoulder of informant, causing

                      grievous injury to him. Petitioner has got four criminal

                      antecedent of similar nature.

                                   4. Considering the nature of accusation and criminal

                      antecedent of similar nature, the prayer for anticipatory bail of

                      petitioner is rejected.



                                                     (Prabhat Kumar Singh, J)
anay

U        T

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Virendra Kumar