Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied as the seriousness of the offences and the petitioner’s criminal antecedent outweighed the claim of innocence.
Summary
The petitioner, Deepak Kumar, applied for anticipatory bail after a raid recovered pistols and live cartridges, and two individuals identified him as an accused who fled. He claimed innocence and argued that the accusation was based solely on suspicion. The State opposed the bail, highlighting the seriousness of the offences under the Bharatiya Nyaya Sanhita and the Arms Act, and pointed to the petitioner’s prior criminal record. The court considered the nature of the alleged offences, the recovery of weapons, and the petitioner’s antecedent. Concluding that the circumstances warranted detention, the court refused the anticipatory bail application.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the presence of a criminal antecedent justifies denial of anticipatory bail
- Whether suspicion alone, without concrete evidence, suffices to grant anticipatory bail
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Bharatiya Nyaya Sanhita — s. 111(4), 62
Subjects
- anticipatory bail
- criminal antecedent
- arms possession
- suspicion
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91916 of 2025
Arising Out of PS. Case No.-574 Year-2024 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Deepak Kumar Son of Suraj Ray Resident of Village - Dighikala East, P.S. -
Sadar Hajipur, Distt. - Vaishali, Bihar, 844128.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Sinha, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Sadar Hajipur P. S.
Case No. 574 of 2024 registered for the offences punishable
under Sections 111(4), 62 of the Bharatiya Nyaya Sanhita and
Section 25(1-B)a, 26, 35 of Arms Act.
3. On secret information, a raid was conducted and
two persons were apprehended on the spot with loaded pistols
and live cartridges who disclosed the name of this petitioner as
one of the accused who fled away from the spot.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
has got no concern with the alleged recovery and he has been
made accused in this case only on suspicion.
5. Learned A.P.P. for the State vehemently opposed
Patna High Court CR. MISC. No.91916 of 2025(2) dt.10-02-2026
2/2
the bail application and submitted that petitioner has got one
criminal antecedent.
6. Considering the nature of accusation, recovery and
criminal antecedent, prayer for anticipatory bail of the petitioner
is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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