Patna High Court
Akhilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
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
- Arms Act — s. 25(1-B)a, 26, 35
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 8(c)
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
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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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