Patna High Court
Sajan Kumar @ Raj Kishor KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that anticipatory bail could not be granted as the specific and direct nature of the accusation and the gravity of the offence preclude such relief.
Summary
The petitioner, Sajan Kumar, sought anticipatory bail after being named in an FIR for offences under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act. The FIR alleges that he, along with co‑accused, abducted and assaulted the son of informant Subash Rai, leading to the victim’s death after co‑accused shot him. The petitioner contended he was merely present at the scene and had no criminal antecedents, arguing that the specific charge of firing pertained only to the co‑accused. The State opposed the bail, asserting that the petitioner actively participated in the assault and facilitated the homicide. Considering the specific and direct accusation against the petitioner and the seriousness of the alleged crime, the Court rejected the anticipatory bail application. Consequently, the petition for anticipatory bail was dismissed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner given the specific accusations under the Bihar Narcotic Substances Act and the Arms Act
- Whether the petitioner’s alleged participation amounts to a cognizable offence justifying denial of bail
- Whether the gravity of the alleged offence warrants refusal of anticipatory bail
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 103(1), 3(5)
Subjects
- anticipatory bail
- FIR
- Arms Act
- Bihar Narcotic Substances Act
- criminal procedure
- gravity of offence
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5646 of 2026
Arising Out of PS. Case No.-214 Year-2025 Thana- NAUGACHIA District- Bhagalpur
======================================================
Sajan Kumar @ Raj Kishor Kumar Son of Pravesh Kumar Singh Resident of
Village- Doniya Tola, Pakra, P.S.- Naugachia, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Amrendra Kumar, Advocate
For the State : Ms. Pushpa Sinha 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 103(1) and
3(5) of the B.N.S. and Section 27 of the Arms Act.
3. The prosecution case, in brief, is that informant,
namely Subash Rai, alleged that on 07.07.2025, all the F.I.R.
named accused persons including this petitioner, due to money
dispute, grabbed the son of informant and dragged him into the
garden and thereafter, co-accused Kundan Kumar and Basuki
Kumar shot him due to which, during course of treatment, son
of informant died.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.5646 of 2026(2) dt.11-02-2026
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committed no offence. From bare perusal of the F.I.R. it is
apparent that specific accusation of firing is against other co-
accused persons. So far as this petitioner is concerned, he is
only alleged to be present at the place of occurrence. Petitioner
claims clean antecedents.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that petitioner is named in the F.I.R.
with specific accusation that he, along with other accused
persons, grabbed the son of informant, dragged him and pushed
him on the ground and thus, facilitated the commission of the
offence.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and gravity of
offence, the prayer for grant of anticipatory bail to the petitioner
is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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