Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted.
Summary
Mukesh Kumar, the petitioner, applied for anticipatory bail fearing arrest in connection with Dalsinghsarai police case No.67 of 2025, which alleges offences under section 309(4) of the B.N.S., 2023 and section 27 of the Arms Act. The petitioner had originally filed the case as an informant but the investigation later implicated him in loot and he is also accused in another criminal case. The learned single judge considered the seriousness of the allegations and the petitioner’s alleged involvement in the crime. Consequently, the court declined to grant anticipatory bail. The petitioner was ordered to surrender before the lower court within four weeks and to apply for regular bail, which will be considered on its merits. The anticipatory bail application was dismissed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner given the nature of the allegations under sections 309(4) of the B.N.S., 2023 and 27 of the Arms Act.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 309(4)
Subjects
- anticipatory bail
- regular bail
- section 309
- Arms Act
- criminal procedure
- surrender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50782 of 2025
Arising Out of PS. Case No.-67 Year-2025 Thana- DALSINGHSARAI District- Samastipur
======================================================
Mukesh Kumar S/o Bhola Mahto @ Late Bhola Mahto R/o Village - Motipur,
PS- Tajpur, Distt- Samastipur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Pintu Patel, Advocate
Mr. Madhav Kumar, Advocate
For the Opposite Party : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 19-02-2026 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in
connection with Dalsinghsarai P.S. Case No.67 of 2025 for the
offence under sections 309(4) of the B.N.S., 2023 and under
section 27 of the Arms Act.
3. Initially, the case was filed by the petitioner
as the informant of the case but subsequently, it has come that
he along with other accused persons have committed loot. The
petitioner is accused in one more criminal case.
4. Considering the nature of allegation levelled
against the petitioner, I am not inclined to grant anticipatory bail
to the petitioner. Accordingly, this bail application is dismissed.
5. The petitioner is directed to surrender before
the Court below within a period of four weeks from today and
Patna High Court CR. MISC. No.50782 of 2025(5) dt.19-02-2026
2/2
seek regular bail. If he does so, his application for regular bail
shall be considered by the learned Court below on its own merit
without being prejudiced by rejection of present application for
grant of anticipatory bail.
(Sandeep Kumar, J)
pawan/-
U T
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