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Patna High Court

Bablu ChauhanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court refused to grant anticipatory bail to the petitioner.

Summary

Bablu Chauhan applied for anticipatory bail after a police case (PS No.168/2025) was registered against him under Section 61(2) of the Bihar Narcotic Substances Act and Sections 25(1‑B)a, 26 and 35 of the Arms Act. The police recovered three country‑made pistols and 16 live cartridges from the alleged meeting place, and a detained co‑accused named Chauhan in his confessional statement. Chauhan’s counsel argued that the confession has no evidentiary value, he has a clean record and no arms were found in his possession, thus he was falsely implicated. The State opposed bail, emphasizing the seriousness of the recovered arms, the need for further investigation, and the risk that Chauhan might abscond if released. The bench, after considering the submissions, declined to grant anticipatory bail, holding that the circumstances did not warrant such relief.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the confessional statement of a co‑accused.
  • Whether the seriousness of the recovered arms and the risk of absconding justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Arms Act
  • Bihar Narcotic Substances Act
  • confessional statement
  • false implication
  • police investigation
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18493 of 2026
                       Arising Out of PS. Case No.-168 Year-2025 Thana- PANDARAK District- Patna
                 ======================================================
                 Bablu Chauhan S/o Aasam Chauhan Resident of Village- Chntamachak, PS-
                 Pandarak, Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Manoj Kumar Singh
                 For the Opposite Party/s :       Mr.Jagdhar Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in Pandarak P. S. Case No.168 of 2025 registered for the

                   offences punishable under Section 61(2) of the B.N.S. and

                   Sections 25(1-B)a, 26 and 35 of the Arms Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and the

                   informant alleges that he received an information on 28.09.2025

                   at 8.00 A.M. that accused persons have gathered at the place of

                   occurrence. Accordingly, the force reached at the place of

                   occurrence and saw five accused persons sitting, who on seeing

                   the police force started fleeing but one accused was

                   apprehended who disclosed his name as Dilip and from his
Patna High Court CR. MISC. No.18493 of 2026(2) dt.02-04-2026
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          possession, two country-made pistol along with two live

          cartridges were recovered and he disclosed the name of the

          accused persons including the petitioner and also disclosed that

          arms would be recovered from the place where they were

          sitting. Accordingly, the police force searched the place of

          occurrence and recovered three country-made pistol along with

          16 live cartridges.

                       4. The learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case based

          on confessional statement of apprehended accused in police

          custody, which does not have any evidentiary value. It is further

          submitted that since petitioner was not arrested from the spot as

          such nothing was recovered from his conscious possession.

                       5. Learned A.P.P. opposes the anticipatory bail

          application and submits that no doubt, name of the petitioner

          transpired in the confessional statement of apprehended accused

          in police custody which does not have any evidentiary value,

          but then, allegations are serious that altogether five country-

          made along with 18 live cartridges were recovered from the

          place of occurrence. It is further submitted that investigation and

          questioning in the case of the accused persons is required and if

          privilege of anticipatory bail is granted, the petitioner may
               Patna High Court CR. MISC. No.18493 of 2026(2) dt.02-04-2026
                                                           3/3




                         abscond. It is further submitted that investigation of the case is

                         continuing.

                                      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.

                                      7. The prayer of the petitioner for anticipatory bail

                         stands rejected.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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