Patna High Court
Agam Kumar @ Agam Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Agam Kumar, feared arrest in a case involving alleged violations of the Bihar Narcotic Substances Act, 2023, the Arms Act and the NDPS Act. A police raid, based on secret information, led to the seizure of smokeless tobacco (Smack), a pistol and cartridges, and three individuals apprehended disclosed the petitioner’s name as an associate. The petitioner, who has two prior criminal convictions, applied for anticipatory bail. The court examined whether the seriousness of the offences and the petitioner’s antecedents warranted the grant of anticipatory bail. Considering the nature of the accusations and the petitioner’s criminal record, the court rejected the anticipatory bail application. The petition was dismissed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances of the alleged offences under the Bihar Narcotic Substances Act, the Arms Act and the NDPS Act
- Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bihar Narcotic Substances Act, 2023 — s. 317(5), 3(5)
- Narcotic Drugs and Psychotropic Substances Act — s. 20, 22
Subjects
- anticipatory bail
- narcotic substances
- arms possession
- NDPS Act
- criminal antecedent
- police raid
- seizure of contraband
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59823 of 2025
Arising Out of PS. Case No.-50 Year-2025 Thana- Jaitpur District- Muzaffarpur
======================================================
Agam Kumar @ Agam Kumar Singh S/o Late Sudhir Singh R/o Village -
Koiriya Nizamat, Police Station -Paru, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar S.K.
For the Opposite Party/s : Mr.Mohammad Sufyan
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 03-02-2026 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 317(5), 3(5) of
the B.N.S., 2023, Sections 25(1-b)a, 26, 35 of the Arms Act and
Sections 20, 22 of the N.D.P.S. Act.
3. On secret information, a raid was conducted and
three miscreants were apprehended on spot and from their
possession, Smack, pistol, cartridges were recovered and they
disclosed the name of petitioner & one co-accused Bittu Thakur,
as their associates, who fled away from the spot. Petitioner has
got two criminal antecedent.
4. Considering the nature of accusation and criminal
antecedent, the prayer for anticipatory bail of petitioner is
Patna High Court CR. MISC. No.59823 of 2025(3) dt.03-02-2026
2/2
rejected.
(Prabhat Kumar Singh, J)
anay/-
U T
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