Patna High Court
Mukesh SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted.
Summary
The petitioner, Mukesh Singh, applied for anticipatory bail after being arrested in Navinagar for alleged offences under sections 352, 351(2) and 3(5) of the Bihar Narcotic Substances Act, 2023 and sections 25(1‑B)(a) and 26 of the Arms Act for possessing a country‑made pistol. The court examined the seriousness of the allegations, noting that the petitioner was caught in possession of the illegal firearm. Considering the nature of the offences, the judge was not inclined to grant anticipatory bail. The application for anticipatory bail was therefore dismissed. The petitioner was directed to surrender within two weeks to seek regular bail, and the police were instructed to arrest him if he fails to do so.
Issues considered
- Whether anticipatory bail should be granted to a person arrested for alleged offences under the Bihar Narcotic Substances Act, 2023 and the Arms Act for possession of an illegal firearm
Legislation cited
- Arms Act — s. 25(1-B)(a), 26
- Bihar Narcotic Substances Act, 2023 — s. 3(5), 351(2), 352
Subjects
- anticipatory bail
- arms act
- illegal firearm possession
- bail jurisprudence
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91123 of 2025
Arising Out of PS. Case No.-252 Year-2025 Thana- NAVINAGAR District- Aurangabad
======================================================
Mukesh Singh Son of Naresh Singh Resident of Village- Baghi, P.S.-
Nabinagar, District- Aurangabad, Bihar
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Ms. Rupa Kumari, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. This application for anticipatory bail arises
out of Navinagar P.S. Case No.252 of 2025 registered for the
offence under sections 352, 351(2) and 3(5) of the B.N.S., 2023
and under section 25(1-B)(a) and 26 of the Arms Act.
3. It is alleged that the petitioner had shown
country made pistol to the prosecution and he was caught on the
spot along with the country made pistol.
4. Considering the nature of allegation, I am
not inclined to grant anticipatory bail to the petitioner.
Accordingly, this bail application is dismissed.
5. The petitioner is directed to surrender before
the Court below within a period of two weeks from today and
seek regular bail. If he does so, his application for regular bail
Patna High Court CR. MISC. No.91123 of 2025(2) dt.28-01-2026
2/2
shall be considered by the learned Court below on its own merit
without being prejudiced by rejection of present application for
grant of anticipatory bail. If the petitioner does not surrender
within two weeks from today, the Superintendent of Police,
Aurangabad shall take all steps for arresting the petitioner.
6. Let a copy of this order be communicated to
the Superintendent of Police, Aurangabad forthwith through
FAX or e-mail for its compliance.
(Sandeep Kumar, J)
pawan/-
U T
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