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Patna High Court

Shyam Babu Gop @ Shyam Babu RayversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail is not granted as the case is not a fit one for such relief under the Arms Act.

Summary

The petitioner, Shyam Babu Gop, was named in an FIR under sections 25(1b)a, 26, 27, 29 and 30 of the Arms Act for alleged possession of illegal arms. He applied for anticipatory bail, claiming innocence and that his name was mentioned only because a co‑accused, who was a member of a security company, disclosed his involvement while being apprehended. The petitioner argued that no arms or mobile phones were recovered from him and that he had been acquitted or granted bail in several other cases. The State opposed the bail, contending that the FIR sufficiently detailed the alleged modus operandi and that the case was not suitable for anticipatory relief. The High Court, after hearing both sides, declined to grant anticipatory bail, stating the case was not fit for such relief, but directed that if the petitioner surrenders within six weeks, the trial court should decide his surrender‑cum‑bail application on the same day. The bail application was therefore rejected.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the Arms Act where the FIR is based on a co‑accused’s statement.
  • Whether the facts disclosed in the FIR make the case unsuitable for anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Arms Act
  • bail application
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10509 of 2026
                  Arising Out of PS. Case No.-388 Year-2025 Thana- PATNA CITY CHOWK District- Patna
                 ======================================================
                 Shyam Babu Gop @ Shyam Babu Ray S/o Late Lal Mohan Ray @ Late Lal
                 Mohan Gop Resident of - Kaimashikoh, Kauakhoh, P.S - Chowk, District -
                 Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Mithilesh Kumar Arya, Advocate
                 For the Opposite Party/s :      Mr.Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   12-03-2026                  Heard learned Counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Chowk P.S. Case No. 388/2025 lodged on

                   25.09.2025, for the offences punishable under sections

                   25(1b)a/26/27/29/30 of the Arms Act.

                                3. As per the prosecution case, the F.I.R. has been

                   lodged against ten named accused persons, including the present

                   petitioner, on the basis of recovery of arms from the possession

                   of the accused persons.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. He further

                   submits that no arm has been recovered from the possession of
Patna High Court CR. MISC. No.10509 of 2026(2) dt.12-03-2026
                                            2/3




          the petitioner and his name has surfaced in the present case only

          on the basis of the disclosure made by an apprehended co-

          accused. It is submitted that the apprehended accused persons

          disclosed before the police that they are members of the Patna

          Bouncer Security Company and that they had gone to receive

          the petitioner from Beur Jail and, after dropping him at his

          residence, they were returning when they were apprehended by

          the police. It is further submitted that there is no specific

          allegation against the petitioner and he has no concern with the

          recovered arms and mobile phones. Learned counsel also

          submits that though the petitioner is stated to be an accused in

          sixteen other criminal cases, he has already been acquitted in six

          cases and in the remaining cases he has been granted bail.

                       5. Learned APP for the State vehemently opposes the

          prayer for bail and submits that the entire modus operandi has

          been explained in the F.I.R. He further submits that the grounds

          taken on behalf of the petitioner may constitute a ground for

          regular bail, but the present case is not a fit case for grant of

          anticipatory bail.

                       6. In this background, this Court is not inclined to

          grant bail to the petitioner. Accordingly, the prayer for bail of

          the petitioner in connection with the aforementioned case,
            Patna High Court CR. MISC. No.10509 of 2026(2) dt.12-03-2026
                                                        3/3




                      pending before the learned ACJM-VI, Patna City, Patna, is

                      hereby rejected.

                                   7. However, if the petitioner surrenders before the

                      Trial Court within six weeks from today, the Trial Court is

                      directed to pass an order on his surrender-cum-bail application

                      on the same day, without being prejudiced by the fact that the

                      petitioner’s anticipatory bail has been rejected by this Court.



                                                  (Dr. Anshuman, J)
Ashwini/-

U      T


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