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Patna High Court

Gaurav Kumar @ Gaurav Mistri @ Gaurav ThakurversusThe State of Bihar

Decided
Disposal
DISMISSED

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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