Patna High Court
Akash KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied to the petitioner.
Summary
Akash Kumar applied for anticipatory bail after learning that he might be arrested in connection with a case involving alleged loot and violations of the Indian Penal Code and the Arms Act. The prosecution alleged that a stolen motorcycle was recovered from his house and that an accomplice had named him as a participant. The petitioner contended that he was falsely implicated and highlighted his only prior criminal antecedent under the Excise Act, for which he was on bail. The court examined the allegations and, finding insufficient justification to grant anticipatory bail, refused the petition. Consequently, the petitioner was ordered to surrender to the lower court within two weeks and to seek regular bail, failing which the police were directed to arrest him.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Indian Penal Code — s. 399, 402
Subjects
- anticipatory bail
- bail jurisdiction
- Indian Penal Code
- Arms Act
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65429 of 2025
Arising Out of PS. Case No.-80 Year-2024 Thana- DEWARIA District- Muzaffarpur
======================================================
Akash Kumar S/O Sanjay Sahani Resident of village- Hussepur nayatola,
P.S.- Sahebganj, Dist.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sagar Kumar, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner apprehends his arrest in connection
with Deoria P.S. Case No. 80 of 2024 dated 13.04.2024
registered for the offences punishable under Sections 399, 402
of the Indian Penal Code and Sections 25 (1-B)(a), 26, 35 of the
Arms Act.
3. As per the prosecution case, three persons were
caught planning loot. The petitioner was named by one of the
accused who have fled away and from the house of the
petitioner one stolen motorcycle was recovered.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and he has falsely been
implicated in this case. The petitioner has one criminal
antecedent which is related to Excise Act in which he is on bail
Patna High Court CR. MISC. No.65429 of 2025(5) dt.21-01-2026
2/2
as stated at para. 3 of the bail petition.
5. Considering the allegation, this court is not inclined
to grant anticipatory bail to the petitioner.
6. Accordingly, this application for anticipatory bail is
dismissed.
7. The petitioner is directed to surrender in the Court
below within two weeks from today and pray for regular bail
failing which the Senior Superintendent of Police, Muzaffarpur
will take all steps for arrest of the petitioner.
8. Let a copy of this order be communicated to the
Senior Superintendent of Police, Muzaffarpur through FAX for
its compliance.
(Sandeep Kumar, J)
atul/-
U T
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