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Patna High Court

Nandan KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail is denied as the nature of the accusation and the gravity of the offence warrant refusal.

Summary

The petitioner, Nandan Kumar, sought anticipatory bail after being apprehended in a raid where a pistol, ganja chillam and a mobile phone were recovered from his possession. The prosecution alleged that he was caught with an illegal weapon under Sections 25(1-b)a, 26 and 35 of the Arms Act and that he fled police custody. The petitioner claimed innocence, clean antecedents and alleged false implication. The State opposed the bail, emphasizing the seriousness of the offence and the petitioner’s escape from custody. Considering the specific and grave nature of the accusations, the court rejected the petition for anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Arms Act offenses alleged
  • Whether the gravity of the alleged offences and the petitioner’s escape from custody justify denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • Arms Act
  • illegal weapon
  • bail
  • criminal procedure
  • Section 25
  • Section 26
  • Section 35

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7030 of 2026
                  Arising Out of PS. Case No.-216 Year-2025 Thana- Ramgarh Chowk District- Lakhisarai
                 ======================================================
                 Nandan Kumar Son of Shankar Paswan R/o Village - Champanagar, P.S. -
                 Ramgarh Chowk, Dist. - Lakhisarai.

                                                                                   ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Krishna Prabhat, Advocate
                 For the State           :        Mr. Arun Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-02-2026                  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 25(1-b)a,

                   26 and 35 of the Arms Act.

                                3. The prosecution case, in nutshell, is that on

                   25.11.2025, informant, who happens to be A.S.I.-cum-S.I. of

                   Police, received a photo on the official mobile phone of a man

                   carrying illegal weapon. Upon receiving such photograph,

                   informant, along with other police officials, went to the house of

                   one Chandan Kumar in village Champanagar and on seeing the

                   police party, this petitioner started running away, however, he

                   was apprehended and on search of his room, one country made
             Patna High Court CR. MISC. No.7030 of 2026(2) dt.19-02-2026
                                                         2/2




                       pistol, Ganja chillam and a mobile phone was recovered.

                       Thereafter, this petitioner escaped from the police custody and

                       fled away.

                                    4. It is submitted by learned counsel appearing on

                       behalf of the petitioner that petitioner is quite innocent and has

                       committed no offence. Petitioner has falsely been implicated in

                       this case with ulterior motive. 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 on raid, this petitioner was

                       apprehended and from his possession, illegal country made

                       pistol was recovered. However, taking advantage of the

                       darkness, he fled away from the police custody.

                                    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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