Patna High Court

Anish Kumar Gupta @ Manish Kumar @ Anish KumarversusThe State of Bihar

Decided: 24 March 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

Bail was not granted to the petitioner.

Summary

The petitioner, Anish Kumar Gupta, was arrested in connection with a murder case (PS Case No. 09 of 2024) alleging offences under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act. The deceased, before dying, identified the petitioner and co‑accused as the shooters. The petitioner applied for bail, having been in custody since 3 September 2025. The learned court examined the seriousness of the charges, the victim’s identification, and the risk of tampering with evidence. Considering these factors, the court was not inclined to grant bail. Consequently, the bail application was dismissed.

Issues considered

Whether bail should be granted to an accused in a murder case under Sections 302/34 IPC and Section 27 Arms Act where the victim identified the accused before death.

Legislation cited

Arms Act — s. 27
Indian Penal Code — s. 302, 34

Subjects

bail
murder
IPC
Arms Act
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.83400 of 2025
                        Arising Out of PS. Case No.-9 Year-2024 Thana- Jaitpur District- Muzaffarpur
                 ======================================================
                 Anish Kumar Gupta @ Manish Kumar @ Anish Kumar S/o- Late Mishri Lal
                 Sah R/v- Halimpur Rajwara Ps- Sahebganj Dist- Muzaffarpur


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


                                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr.Ajay Kumar Thakur, Advocate
                 For the State             :        Mr.Uday Chand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                    ORAL ORDER

3   24-03-2026                    Heard learned counsel for the petitioner; learned APP

                   for the State and learned counsel for the informant.

                                  2. The petitioner seeks bail in connection with Jaitpur

                   P.S. Case No. 09 of 2024 registered for the offence punishable

                   under Sections 302/34 of the Indian Penal Code and Section 27

                   of the Arms Act.

                                  3. The deceased was killed by unknown persons.

                   While being taken to hospital, he has disclosed the name of this

                   petitioner and co-accused as the criminals who had shot at the

                   deceased.

                                  4. The petitioner is in custody since 03.09.2025.
           Patna High Court CR. MISC. No.83400 of 2025(3) dt.24-03-2026
                                                       2/2




                                  5. Considering the aforesaid facts, I am not inclined to

                     grant bail to the petitioner.

                                  6. Accordingly, the application stands dismissed.



                                                                          (Sandeep Kumar, J)

P. Kumar

U     T

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