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Patna High Court

Arun KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court refused to grant anticipatory bail to the petitioner.

Summary

Arun Kumar sought anticipatory bail after being implicated in a case involving the illegal possession of 22.337 litres of liquor and a rifle, alleged under Sections 25(1‑b)a/26 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016. The FIR alleged that the accused were firing during a dance programme, with Ravi Kumar specifically accused of firing that caused Prem Raj's death, while the petitioner was said only to have been present. The petitioner’s counsel argued that the petitioner was falsely implicated, that the specific charge of firing pertained to Ravi Kumar, and that the petitioner had no direct involvement. The State contended that granting anticipatory bail could enable the petitioner to abscond, especially given his prior criminal antecedent. The Court, after considering the submissions, declined to grant anticipatory bail, rejecting the petition.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the allegations of offences under the Arms Act and the Bihar Prohibition and Excise (Amendment) Act, 2016.

Legislation cited

Subjects

  • anticipatory bail
  • Arms Act
  • Bihar Prohibition and Excise Act
  • false implication
  • bail refusal
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86183 of 2025
                    Arising Out of PS. Case No.-251 Year-2019 Thana- MAGADH MEDICAL COLLEGE
                                                      District- Gaya
                 ======================================================
                 Arun Kumar S/o- Sikandar Ravidas Village - Rajendra Ashram P.S.- Civil
                 lines District -Gaya ji

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Prithivi Raj Singh, Advocate
                 For the Opposite Party/s :    Mr. Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   22-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 25(1-b)a/26 of the

                   Arms Act as well as Section 30(a) of Bihar Prohibition and

                   Excise (Amendment) Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 22.337 litres of liquor along with a rifle and it is

                   alleged that informant on information reached the place of

                   occurrence where Raj Kumar informed that accused persons

                   including the petitioner were firing during a dance programme

                   and Ravi Kumar fired causing death of Prem Raj.
               Patna High Court CR. MISC. No.86183 of 2025(3) dt.22-01-2026
                                                           2/2




                                      Learned counsel for the petitioner submit that

                         petitioner has been falsely implicated by the informant. It is next

                         submitted that from perusal of the allegations, as alleged in the

                         FIR, it would manifest that specific allegation of firing is

                         against Ravi Kumar leading to death of Prem Raj on which the

                         learned APP submits that though petitions is not alleged to have

                         fired but then he is alleged to have been firing in the dance

                         programme and his presence emboldened Ravi Kumar to

                         commit the occurrence leading to death of Prem Raj. It is also

                         submitted that petitioner has antecedent of one case and, in the

                         event, if privilege of anticipatory bail is granted, the petitioner

                         may abscond.

                                      Considering the submissions made by the learned

                         APP, the Court is not inclined to extend the privilege of

                         anticipatory bail to the petitioner. Accordingly, the prayer for

                         grant of anticipatory bail to the petitioner is hereby rejected in

                         connection with Magadh Medical P.S. Case No.251 of 2019,

                         pending in the court of learned Exclusive Special Judge, Excise-

                         4, Gaya.


                                                   (Satyavrat Verma, J)

Sanjay/-

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