Patna High Court
Md. Arastuansari Ansari @ Arastu Ansari @ ArastuversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted to the petitioner.
Summary
The petitioner, Md. Arastuansari Ansari, applied for anticipatory bail fearing arrest in a case registered under Section 111(3) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑B)a, 26 and 35 of the Arms Act for allegedly supplying a carbine and cartridges. The co‑accused’s self‑inculpatory statement implicated the petitioner in the illegal arms supply. The Court examined the seriousness of the offence and the petitioner’s alleged involvement in dealing with an illegal carbine. Considering the nature of the offence, the Court declined to grant anticipatory bail. The application was dismissed, with the Court noting that its observations are confined to the bail application and do not prejudice the merits of the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused under Section 111(3) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑B)a, 26 and 35 of the Arms Act for alleged illegal arms supply
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 111(3)
Subjects
- anticipatory bail
- illegal arms
- Arms Act
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82856 of 2025
Arising Out of PS. Case No.-634 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
Md. Arastuansari Ansari @ Arastu Ansari @ Arastu Son of Late Yunus Ansari
@ Md. Yunus Ansari Resident of Village- Manikpur Ward No. 14, P.S.-
Harsidhi, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suraj Kumar Tiwari, Advocate
For the State : Mr.Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 05-05-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Harsidhi P.S. Case No. 634 of 2025 registered for offences
under Section 111(3) of the Bharatiya Nyaya Sanhita, 2023 and
Sections 25(1-B)a, 26 and 35 of the Arms Act.
3. The petitioner is said to be involved in supply of
illegal arms and he has supplied one carbine and one cartridges.
The name of the petitioner has come in the self-inculpatory
statement of the co-accused.
4. Considering the nature of offence and the fact that
the petitioner is found dealing in illegal carbine, this Court is not
inclined to grant the privilege of anticipatory bail to the
Patna High Court CR. MISC. No.82856 of 2025(4) dt.05-05-2026
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petitioner in the present case.
5. Accordingly, the application stands dismissed.
6. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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