Patna High Court
Samarjeet Yadav @ Samarjeet RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Samarjeet Yadav, sought anticipatory bail after learning that he might be arrested in a case involving offences under Sections 103, 61, 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The FIR describes an incident where the informant’s vehicle was attacked, resulting in the death of the informant’s brother who was shot with a country-made pistol. During investigation, the petitioner’s name appeared in a co‑accused’s confessional statement and he has three prior criminal cases, two of which are of a similar nature. The court considered the seriousness of the allegations and the petitioner’s criminal antecedents. Consequently, the court rejected the petition for anticipatory bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the alleged offences under the B.N.S. Act and the Arms Act
- Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 103, 3(5), 61
Subjects
- anticipatory bail
- criminal antecedent
- Arms Act
- Bihar Narcotic Substances Act
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87861 of 2025
Arising Out of PS. Case No.-406 Year-2024 Thana- RIGA District- Sitamarhi
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Samarjeet Yadav @ Samarjeet Rai Son of Kalewar Rai Resident of Village -
Majgawa Harsingpur, P.S.- Bathnaha, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Virendra Kumar
For the Opposite Party/s : Mrs.Anita Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner apprehends his arrest in a case,
registered for offence punishable under Sections 103, 61, 3(5) of
the B.N.S., 2023 and Section 27 of the Arms Act.
3. As per F.I.R., informant along with his cousin
brother (deceased) and bhabhi were going on a car, on the way,
a scropio vehicle overtook his car and one of the accused broke
the glass of informant’s car by bricks. It is further alleged that
some miscreants, riding on three motor-cycles, came and fired at
informant’s brother with country-made pistol, as a result of
which, during course of treatment he died.
4. Name of the petitioner surfaced during
investigation in the confessional statement of co-accused and
petitioner has got three criminal antecedent, out of which, two
cases are of similar nature.
Patna High Court CR. MISC. No.87861 of 2025(2) dt.10-02-2026
2/2
5. Considering the nature of accusation and criminal
antecedent, the prayer for anticipatory bail of petitioner is
rejected.
(Prabhat Kumar Singh, J)
anay
U T
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