Patna High Court
Arun MahaldarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 309(6)
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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