Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
The court denied anticipatory bail to the petitioner.
Summary
The petitioner, Chandan Kumar, applied for anticipatory bail after a police raid at his residence recovered a pistol and two magazines, alleged to be in violation of Sections 25(1‑b)a and 26 of the Arms Act. The prosecution contended that the weapons were found concealed in a drum of wheat on the roof during the raid. The petitioner argued that the investigation was malafide, the house was under construction, he had no knowledge of the arms, and the lock was held by a third person, Sanjeev Kumar, who was not charged. The court noted that the illegal firearm was indeed recovered from the petitioner’s home and that the petitioner has eight serious criminal antecedents. Considering the seriousness of the offence and the petitioner’s criminal record, the court was not inclined to grant anticipatory bail. Consequently, the application for anticipatory bail was rejected.
Issues considered
- What is the appropriate decision on the petitioner's application for anticipatory bail under the circumstances of alleged possession of illegal firearms and prior criminal antecedents?
Legislation cited
- Arms Act — s. 25(1-b)a, 26
Subjects
- anticipatory bail
- Arms Act
- illegal firearm
- criminal antecedents
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89204 of 2025
Arising Out of PS. Case No.-152 Year-2025 Thana- HATHAURI District- Muzaffarpur
======================================================
Chandan Kumar Son of Sri Ram Vinod Sah R/o Village - Berai, P.S.-
Hathauri, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vaishnavi Singh
For the Opposite Party/s : Mr. Satya Nand Shukla
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 15-01-2026 1. Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Hathauri Police Station Case No. 152 of 2025,
disclosing offences under Sections 25(1-b)a, and 26 of the Arms
Act.
3. As per the prosecution case, on 31.08.2025, the
informant, acting on secret information, conducted a raid at the
house of Chandan Kumar. During the search, in the presence of
the raiding team, one pistol and two magazines were allegedly
recovered from a bag concealed in a drum of wheat on the roof
of the house. As no independent witnesses were available, the
seizure was made in the presence of police personnel and one
Sanjeev Kumar, who denied knowledge of the recovered
articles.
Patna High Court CR. MISC. No.89204 of 2025(2) dt.15-01-2026
2/2
4. Learned counsel for the petitioner submits that
the petitioner has falsely been implicated in the present case due
to a malafide and mechanical investigation. She next submits
that no recovery, as alleged, was made from the conscious
possession of the petitioner. The alleged building was under
construction, not occupied by the petitioner, and accessible to
all, with the lock and key admittedly in possession of a third
person, namely Sanjeev Kumar, who has not been made an
accused. The petitioner has no connection with the alleged
seized arms or with Sanjeev Kumar and he is being repeatedly
implicated due to police hostility and past antecedents, despite
being on bail in all other cases.
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the fact that
illegal fire arm has been recovered with magazine from the
home of the petitioner, petitioner is having eight criminal
antecedents of serious nature of offence, I am not inclined to
grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, rejected.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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