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Patna High Court

Arun MahaldarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that anticipatory bail could not be granted as the petitioner was implicated in a serious offence and had prior criminal antecedents.

Summary

The petitioner, Arun Mahaldar, sought anticipatory bail after his name appeared in a self‑incriminatory statement of a co‑accused in a case involving shooting and robbery. The FIR, registered as Raniganj P.S. Case No. 169 of 2025, charges him under Sections 309(6) and 109 of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The petitioner also has three prior criminal antecedents. The court examined whether the seriousness of the allegations and the petitioner’s past record warranted the grant of anticipatory bail. Finding that the petitioner was implicated in a serious offence and had prior convictions, the court declined to grant anticipatory bail. Consequently, the application was dismissed and the petitioner was ordered to surrender within two weeks for regular bail proceedings.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita and the Arms Act given the nature of the allegations and his prior criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • prior criminal antecedents
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84240 of 2025
                       Arising Out of PS. Case No.-169 Year-2025 Thana- RANIGANJ District- Araria
                 ======================================================
                 Arun Mahaldar Son of Late Banarsi Mahaldar R/o Village - Musapur, P.S. -
                 Korha, Dist.- Katihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Pawan Kumar Singh, Advocate
                 For the State            :        Mr.Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   12-03-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection

                   with Raniganj P.S. Case No. 169 of 2025 instituted under

                   Sections 309(6) and 109 of the Bharatiya Nyaya Sanhita and

                   Section 27 of the Arms Act.

                                3. Unknown criminals had shot at the victim-

                   informant and committed a loot. The name of the petitioner has

                   come in the self inculpatory statement of one Ravindra Kumar.

                   The petitioner has three criminal antecedents also.

                                4. Considering the aforesaid facts, I am not inclined

                   to grant anticipatory bail to the petitioner.

                                5. Accordingly, the application stands dismissed.

                                 6. The petitioner is directed to surrender within two
           Patna High Court CR. MISC. No.84240 of 2025(5) dt.12-03-2026
                                                       2/2




                     weeks from today and pray for regular bail, failing which the

                     Superintendent of Police, Araria will take all steps for arrest of

                     the petitioner.

                                  7. Let a copy of this order be communicated to the

                     Superintendent Police, Araria through FAX or e-mail for its

                     compliance.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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