Patna High Court
Md. JavedversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail was denied, and the petitioner was directed to surrender for regular bail proceedings.
Summary
The petitioner, Md. Javed, sought anticipatory bail fearing arrest in a case involving alleged manufacture and sale of country‑made pistols under several provisions of the Arms Act. The prosecution alleged that during a police raid, seized individuals implicated Javed in the illegal activity, although no weapon was recovered from him. Javed contended he was a daily‑wage labourer, not apprehended, and was falsely implicated based solely on confessional statements of the seized persons, while also noting his prior similar criminal antecedents. The State opposed bail, emphasizing the large seizure of firearms and Javed’s alleged association with the accused. The court, considering the seriousness of the offences and the petitioner’s prior similar convictions, dismissed the anticipatory bail application and ordered him to surrender within four weeks for regular bail consideration. The application was consequently dismissed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged involvement in offences under the Arms Act
- Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail
Legislation cited
- Arms Act — s. 111(4), 25(1)(a), 25(1A), 25(1AA), 25(1B)(a), 25(1B)(c), 26(1), 26(2), 35
Subjects
- anticipatory bail
- Arms Act
- illegal firearms
- criminal antecedent
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11756 of 2026
Arising Out of PS. Case No.-73 Year-2025 Thana- Hemjapur District- Munger
======================================================
Md. Javed Son of Late Tasleem Resident of Mirjapur, Bardah, P.S. - Muffasil,
District - Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Sinha, Adv.
Mr. Rajiv Kumar Singh, Adv.
Mr.Rounak Kumar Singh, Adv.
For the Opposite Party/s : Mr.Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Hemjapur P.S. Case No. 73 of 2025 dated 12.10.2025
registered for the offences punishable under Sections 111(4) of the
of the B.N.S. and Sections 25(1)(a), 25(1A), 25(1AA), 25(1B)(a),
25(1B)(c), 26(1), 26(2) and 35 of the Arms Act.
3. The prosecution case is to the effect that the police
conducted a raid and apprehended certain persons with country
made pistol and the apprehended persons disclosed that they along
with the petitioner and others used to manufacture and carry out
sale of the country made pistol.
Patna High Court CR. MISC. No.11756 of 2026(2) dt.25-02-2026
2/3
4. The learned counsel for the petitioner submits that the
petitioner was not apprehended and no incriminating article has
been recovered from his possession. It has further been submitted
that the petitioner is a daily wage labourer and he has falsely been
implicated. It has further been submitted that it is only on the
confessional statement of the persons who were apprehended that
the name of the petitioner has transpired. It has lastly been
submitted that the petitioner has two criminal antecedents of
similar nature.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner and has
stated that the petitioner is involved in manufacturing of country
made pistol and in the search, huge quantity of country made
pistol with magazine etc., were recovered and the petitioner is
stated to be one of the associates of the apprehended accused
persons and the criminal antecedent itself speak about the
petitioner.
6. Considering the aforesaid and taking into account the
criminal antecedent of the petitioner which is of similar nature, the
prayer for anticipatory bail of the petitioner is hereby dismissed
and the petitioner is directed to surrender before the Court below
concerned within four weeks from the date of this order and pray
for regular bail, the learned Court below may consider the prayer
Patna High Court CR. MISC. No.11756 of 2026(2) dt.25-02-2026
3/3
for regular bail of the petitioner on its own merits without being
prejudiced by this order.
7. The application stands dismissed.
(Sourendra Pandey, J)
Gautam/-
U T
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