Patna High Court
Bablu ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
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
- Arms Act — s. 25(1-B)a, 26, 35
- Bihar Narcotic Substances Act — s. 61(2)
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
2/3
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
Checking your session…