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Patna High Court

Keshav Kumar @ Keshav Thakur @ Keshav Kumar ThakurversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Keshav Kumar, applied for anticipatory bail after learning that he was likely to be arrested in connection with a case registered under Sections 147, 148, 149, 341, 323, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution alleged that the petitioner, along with others, assaulted the victim and highlighted his three prior criminal antecedents. The learned counsel for the petitioner argued for the grant of anticipatory bail, while the State’s counsel opposed it. The Patna High Court, after considering the seriousness of the offences and the petitioner’s criminal history, held that he was not entitled to anticipatory bail. Consequently, the court rejected the anticipatory bail application, directed the petitioner to surrender within two weeks, and advised him to seek regular bail thereafter.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite the gravity of the offences and his prior criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Indian Penal Code
  • Arms Act
  • bail denial
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87054 of 2025
                       Arising Out of PS. Case No.-941 Year-2023 Thana- PIRBAHOR District- Patna
                 ======================================================
                 Keshav Kumar @ Keshav Thakur @ Keshav Kumar Thakur S/O Sanjay
                 Thakur R/O village - Dhovgama, P.S - Pusa, District - Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raj Dular Sah
                 For the Opposite Party/s :       Mr. Syed Mojibur Rahman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   04-02-2026                  Heard the learned counsel for the petitioner and Mr.

                   Shyam Kumar Singh, the learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Pirbahore P.S. Case No. 941 of 2023 registered for offences

                   under Sections 147, 148, 149, 341, 323, 307, 504, 506 of the

                   Indian Penal Code and Section 27 of the Arms Act.

                                3. As per the prosecution case, the petitioner along

                   with others is said to have assaulted the victim. The petitioner

                   has three criminal antecedents.

                                4. Considering the allegations levelled against the

                   petitioner, this court is of the considered opinion that petitioner

                   does not deserve the privilege of anticipatory bail in the present

                   case.

                                5. Accordingly, the application for anticipatory bail
            Patna High Court CR. MISC. No.87054 of 2025(3) dt.04-02-2026
                                                        2/2




                      stands rejected.

                                   6. The petitioner is directed to surrender in the court

                      below within a period of two weeks from today and seek regular

                      bail, if so advised, failing which the Senior Superintendent of

                      Police, Patna will take all steps for the arrest of the petitioner.

                                   7. It is, however, clarified that the observations made

                      herein are limited to the adjudication of the present application

                      and shall not prejudice the case of the petitioner at any

                      subsequent stage of the proceedings.

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

                      Senior Superintendent of Police, Patna through FAX for its

                      compliance forthwith.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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