Mukesh Kumar @ Amit Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2900 of 2026 Arising Out of PS. Case No.-328 Year-2025 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Mukesh Kumar @ Amit Kumar Gupta S/O Manoj Kumar Gupta R/O Vill.- Saligrami,P.S- Sahebpur Kamal, Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Ms.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-01-2026

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in Sahebpur Kamal P. S. Case No.328 of 2025 registered for the offences punishable under Sections 310(4), 310(5), 121(1), 121(2), 132, 109 of the B.N.S., Sections 25(1-A)a, 25(1AA), 25(1-B)a, 26(i), 26(ii), 27, 35 of the Arms Act and Sections 30(a) and 30(F) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of four cases and allegation is of recovery of 94 litres of liquor of codeine from the house of the petitioner along with a pistol with loaded magazine and 21 pieces of iron magazine and 21 pieces of semi-manufactured of

Patna High Court CR. MISC. No.2900 of 2026(2) dt.28-01-2026 2/3 iron magazine and two motorcycle along with an e-rickshaw.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is fairly submitted that it is not disputed that the house belongs to the petitioner, but then, the petitioner had given the house on rent to Sonu Kumar and it was Sonu who was indulging in such activity without the knowledge of the petitioner.

5. Learned A.P.P. vehemently opposes the anticipatory bail application and submits that petitioner is a criminal who has antecedent of four cases. It is also submitted that though a plea has been taken that the house from where the alleged recovery was made was given on rent to Sonu and in support of the same, a rent agreement is also annexed, but then, it is submitted that the rent agreement can be a ploy even. It is further submitted that if petitioner is innocent, in that event, final form would be submitted exonerating him of the allegation, but then, presently keeping his criminal antecedent in mind, the privilege of anticipatory bail be not granted.

6. Considering the submissions made by the learned A.P.P., the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

Patna High Court CR. MISC. No.2900 of 2026(2) dt.28-01-2026 3/3

7. The prayer of the petitioner for anticipatory bail stands rejected.

(Satyavrat Verma, J) vikash/- U T