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Patna High Court

Mukesh SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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