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Patna High Court

Akhilesh KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Akhilesh Kumar, sought anticipatory bail fearing arrest in a case (Shankpur P.S. Case No. 167 of 2025) involving alleged offences under the Arms Act (sections 25(1‑B)a, 26, 35) and the NDPS Act (sections 8(c), 21(b)). The prosecution’s case, based on an informant’s tip, alleged that the petitioner was named by a Panchayat Sachiv as having escaped after a police raid that recovered 30.23 g of smack, a country‑made revolver, cash and related paraphernalia. The petitioner claimed innocence, but the court noted that his name appeared in the Panchayat Sachiv’s statement. After hearing both sides, the court held that the circumstances did not merit anticipatory bail. The application for anticipatory bail was therefore rejected, with the court directing that if the petitioner surrenders within four weeks, the matter will be taken up for disposal, preferably on the same day.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances of the alleged offences under the Arms Act and NDPS Act.

Legislation cited

Subjects

  • anticipatory bail
  • Arms Act
  • NDPS Act
  • drug possession
  • illegal firearm
  • bail jurisprudence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8179 of 2026
                  Arising Out of PS. Case No.-167 Year-2025 Thana- SHANKARPUR District- Madhepura
                 ======================================================
                 Akhilesh Kumar S/o Sikendra Yadav R/o Village- Jitpur, Ward No.02, P.S-
                 Shankarpur, Dist- Madhepura.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Sanjeev Verma, Advocate
                 For the Opposite Party/s :     Mr. Harendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   22-04-2026                  Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Shankarpur P.S. Case No. 167 of 2025 for the

                   offence under sections 25(1-B)a, 26 and 35 of the of the Arms

                   Act and Section 8(c) and 21 (b) of the Narcotic Drugs and

                   Psychotropic Substances Act lodged on 08.08.2025 by the

                   informant, Abhay Kumar Singh.

                                3. As per the prosecution story, the informant alleged

                   that on the secret information about the sell and purchase of

                   smack, the Police became active, reached the place and as per

                   the allegation, though the accused managed to escape, the

                   Panchayat Sachiv gave their names which included the

                   petitioner. Further, upon search from the house and those

                   present, 30.23 grams of smack beside aluminum foil which is
          Patna High Court CR. MISC. No.8179 of 2026(3) dt.22-04-2026
                                                      2/2




                    used for consuming smack, cash and a country-made revolver

                    were recovered/seized. Further, from the hut of the Ashish

                    Kumar and Simpi Kumari, 14.07 grams of smack like substance

                    was recovered. This led to the FIR.

                                 4. Though, learned counsel for the petitioner tried to

                    impress upon this Court relating to his innocence, learned APP

                    submits that his name has come in the statement of the

                    Panchayat Sachiv as a person who, at the relevant time,

                    managed to escape.

                                 5. Considering the submissions of the parties and the

                    allegation that has come against him, it would be appropriate

                    that he seeks bail.

                                 6. The anticipatory bail application stands rejected.

                                 7. If, however, the petitioner surrenders within four

                    weeks, the concerned Court without being prejudiced by any

                    comment made in the present order shall take up the matter and

                    dispose it of preferably on the same day.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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