Patna High Court
Gaurav Kumar @ Gaurav Mistri @ Gaurav ThakurversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted to the petitioner.
Summary
The petitioner, Gaurav Kumar, applied for anticipatory bail after the police recovered a large quantity of illegal firearms and related materials from a co-accused's house in a case under the Arms Act. He was alleged to have assisted in manufacturing and supplying the weapons with the help of his father‑in‑law. The High Court examined whether the seriousness of the allegations warranted the grant of anticipatory bail. Finding the allegations substantial and the offence grave, the Court declined to extend the privilege of anticipatory bail. The petition was dismissed, and the petitioner was ordered to surrender within four weeks to seek regular bail, with a warning that failure to do so would lead to his arrest.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case involving alleged offences under Sections 25(1‑AA), 25(1‑b)a, 26 and 35 of the Arms Act
Legislation cited
- Arms Act — s. 25(1-AA), 25(1-b)a, 26, 35
Subjects
- anticipatory bail
- Arms Act
- illegal firearms
- bail jurisdiction
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89727 of 2025
Arising Out of PS. Case No.-106 Year-2025 Thana- GWALPARA District- Madhepura
======================================================
Gaurav Kumar @ Gaurav Mistri @ Gaurav Thakur S/o Late Dhanellal
Thakur Resident of Village- Madhuban, P.S- Udaikishunganj, District-
Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Patla Kumari
For the Opposite Party/s : Ms. Sangeeta Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-02-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Gwalpara P.S. Case No. 106 of 2025 registered for offences
under Sections 25(1-AA), 25(1-b)a, 26 and 35 of the Arms Act.
3. As per the prosecution case, a large quantity of
illegal firearms, their various parts and materials used in making
weapons etc. have been recovered by the police from the house
of co-accused Pramod Mukhiya. The petitioner is alleged to
have assisted co-accused Pramod Mukhiya in the manufacturing
of these illegal weapons and is said to have been involved in
their production and supply with the help of his father-in-law,
co-accused Puran Mistry.
Patna High Court CR. MISC. No.89727 of 2025(2) dt.24-02-2026
2/2
4. Considering the allegation levelled against the
petitioner, this Court is not inclined to grant the privilege of
anticipatory bail to the petitioner in the present case.
5. Accordingly, the application for anticipatory bail is
hereby rejected.
6. The petitioner is directed to surrender in the court
below within a period of four weeks from today and seek
regular bail, failing which the Superintendent of Police,
Madhepura 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
Superintendent of Police, Madhepura through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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