Patna High Court
Tanveer Mansoor @ Tanbeer MansurversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court held that the circumstances did not warrant the grant of anticipatory bail.
Summary
Petitioner Tanveer Mansoor sought anticipatory bail fearing arrest in a case under Sections 25(1‑B)(a), 26 and 35 of the Arms Act, where a pistol and cartridge were recovered from co‑accused Arbaj Ansari. The prosecution alleged that the petitioner fled the scene, while the petitioner contended that his name was derived solely from the co‑accused’s confessional statement, which he claimed lacked evidentiary value, and that there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail. The court examined the nature and gravity of the offences and the evidentiary basis, concluding that the case was not suitable for anticipatory bail. Consequently, the anticipatory bail plea was rejected, with the court indicating that regular bail could be considered if the petitioner surrenders within six weeks.
Issues considered
- Whether anticipatory bail should be granted in a case involving offences under the Arms Act.
- Whether the confessional statement of a co‑accused can form a basis for anticipatory bail.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of anticipatory bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Subjects
- anticipatory bail
- Arms Act
- confessional statement
- Section 103
- bail jurisprudence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14221 of 2026
Arising Out of PS. Case No.-29 Year-2025 Thana- BASOPATTI District- Madhubani
======================================================
Tanveer Mansoor @ Tanbeer Mansur Son of Zumman Mansur Resident of
Village- Jankinagar, P.S.- Basopatti, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Archna Aanand, Advocate
For the Opposite Party/s : Mr.Rajendra Prasad Nat, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Basopatti P.S. Case No. 29 of 2025, instituted for the
offences under Section 25(1-B) (a), 26 and 35 of the Arms Act.
3. Prosecution case, in short, is that one country made
pistol along with one live cartridge has been recovered from the
possession of co-accused Arbaj Ansari. It is alleged that
petitioner managed to flee away from the place of occurrence.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. The
name of the petitioner transpired in this case on the basis of
confessional statement of apprehended co-accused person Arbaj
Ansari, which has no evidentiary value. Learned counsel for the
Patna High Court CR. MISC. No.14221 of 2026(2) dt.25-02-2026
2/2
petitioner submitted that the petitioner was not arrested on the
spot. There is no compliance of Section 103 of the Bharatiya
Nagarik Suraksha Sanhita, 2023. It has been submitted on
behalf of the petitioner that the petitioner has two criminal
antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. Petitioner
is named in the F.I.R.
6. Considering the aforesaid facts and circumstances
of the case, nature and gravity of offence, in my view, this is not
a fit case for anticipatory bail.
7. Accordingly, the prayer for grant of anticipatory
bail to the petitioner is, hereby, rejected.
8. However, if the petitioner surrenders before the
learned court below within a period of six weeks from today and
prays for regular bail, the same shall be disposed of on its own
merit without being prejudiced by this order.
(Rudra Prakash Mishra, J)
manish/-
U T
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