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Patna High Court

Mukesh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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