Mahakant Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17079 of 2026 Arising Out of PS. Case No.-157 Year-2025 Thana- PRATAPGANJ District- Supaul ====================================================== Mahakant Thakur Son of Late Kamalkant Thakur Resident of Village - Gobindpur, Ward No.- 5, P.S.- Pratapganj, District - Saharsa. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Goutam, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-04-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases and the informant alleges that four unknown accused persons on 07.07.2025 committed an occurrence of loot for which Birpur P.S. Case No. 236 of 2025 was instituted, during investigation of the aforesaid case, accused Jai Kumar was arrested, who confessed of committing the crime of loot on 07.07.2025 and also disclosed that pistol used in the occurrence was given by Vijay to petitioner and the same can be recovered from the house of the petitioner, accordingly, the house of the petitioner was raided and from the garbage, a country made pistol along with three live cartridges were recovered and, accordingly, the instant FIR

Patna High Court CR. MISC. No.17079 of 2026(2) dt.09-04-2026 2/2 was instituted.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that even the alleged recovery of country made pistol along with live cartridges was made behind the back of the petitioner

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that based on confessional statement of Jai Kumar, who was apprehended in Birpur P.S. Case No. 236 of 2025, the house of the petitioner was raided from where the country made pistol along with three live cartridges was recovered based on which the instant FIR came to be instituted. It is further submitted that petitioner has antecedent of two cases and the investigation of the case is continuing.

6. Considering the submissions made by the learned A.P.P. for the State, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner in connection with Pratapganj P.S. Case No. 157 of 2025 pending in the Court of learned SubDivisional Judicial Magistrate, Supaul/Successor Court.

7. Hence, the prayer for anticipatory bail is rejected. (Satyavrat Verma, J) Kundan/- U T