Patna High Court
Angad UpadhyayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond and specified conditions.
Summary
The petitioner, Angad Upadhyay, sought anticipatory bail after an FIR was lodged under Sections 25(1‑B)(a) and 26 of the Arms Act alleging possession of an unlicensed rifle seized during a police raid at his residence. The raid was conducted at 11 pm in his absence, with only his two daughters present and no female constable, which the petitioner argued violated procedural safeguards. He contended that the case was motivated by a land dispute with his sister‑in‑law. The State opposed bail, emphasizing the seizure of a firearm. Considering the circumstances, the court granted anticipatory bail subject to a bond of Rs 10,000 and several conditions regarding cooperation with investigation, appearance before courts, and non‑interference with witnesses. The order also stipulated cancellation of bail for non‑compliance.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged possession of an illegal firearm under the Arms Act
- Whether the midnight police raid conducted in the petitioner’s absence without a female constable violates statutory or procedural safeguards
- Whether the alleged motive of a family land dispute affects the merit of granting bail
Legislation cited
- Arms Act — s. 25(1-B)(a), 26
Subjects
- anticipatory bail
- Arms Act
- illegal firearm
- midnight raid
- police seizure
- family dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75246 of 2025
Arising Out of PS. Case No.-267 Year-2025 Thana- RAMGARH District- Kaimur (Bhabua)
======================================================
Angad Upadhyay S/O Late Indrajit Upadhyay R/O Vill.- Mathiya, P.S.-
Ramgarh, Dist.- Kaimur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Bansh Dubey, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 24-02-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Ramgarh P.S. Case No. 267 of 2025 for the
offence under sections 25(1-B)(a) and 26 of the Arms Act lodged
on 01.08.2025 by the informant, Raju Kumar.
3. As per the prosecution story, the informant alleged
that in the absence of the petitioner and in presence of two
daughters only, the house was raided at 11:00 PM and it is the case
of the Police that they recovered a single barrel rifle wrapped in a
green towel and upon query, the girls informed that this belongs to
their father. When contacted the petitioner, telephonically, he
informed that this rifle belongs to him but he do not have any
papers. This led to the FIR.
4. Learned counsel for the petitioner submits that at
Patna High Court CR. MISC. No.75246 of 2025(3) dt.24-02-2026
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11:00 P.M., the raid is conducted in his absence, two young girls
are present and it is not the case of the Police that the raid was
conducted in the presence of any female constables. He submits
that in any case, the raid, in midnight, when no male member is
present is in the teeth of the law existing in the country. The last
submission is that he is having land dispute with his sister-in-law
(Vidyawati Kunwar) and on her behest, a case was lodged as
would reflect from paragraph-3.
5. Learned APP opposes the prayer submitting that
when the Police raided the house, a rifle was seized.
6. Taking into account the submissions of the parties as
also that a seizure has been shown in the absence of the petitioner,
the antecedent relates to a fight between the family members and
an undertaking has been given that he shall be diligently appearing
in trial/cooperate in the investigation, in that background, this
Court is inclined to extend him the privilege of anticipatory bail
with conditions.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the receipt
of this order, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of like amount each to the satisfaction
of learned ACJM-II, Mohania, Kaimur (Bhabhua) in connection
with Ramgarh P.S. Case No. 267 of 2025 subject to the following
Patna High Court CR. MISC. No.75246 of 2025(3) dt.24-02-2026
3/3
conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhaar Card/Voter ID Card/Pan Card/Driving
License) to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty to
take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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