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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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