Patna High Court
Arun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
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
- Arms Act — s. 25(1‑b)a, 26
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/-
U T
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