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Patna High Court

Naqui Anwar @ Naqui @ Naqui AlamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was not granted to the petitioner.

Summary

The petitioner, Naqui Anwar, sought anticipatory bail fearing arrest in a case registered under Section 309(6) of the Bihar Narcotic Substances Act, 2023, involving alleged road robbery where a vehicle, mobile phone, and cash were looted. The allegations state that the petitioner, along with co‑accused, committed the robbery and that he has a prior criminal antecedent. The petitioner’s counsel argued for bail on the basis of apprehension of arrest. The State opposed the bail, emphasizing the seriousness of the offence and the petitioner’s criminal history. The Court examined the nature of the accusation and the antecedent record and concluded that granting anticipatory bail would be inappropriate. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • What is the appropriate decision on the petition for anticipatory bail under Section 309(6) of the B.N.S., 2023 given the nature of the alleged road robbery and the petitioner’s prior criminal antecedent?

Legislation cited

Subjects

  • anticipatory bail
  • road robbery
  • criminal antecedent
  • Section 309(6)
  • bail rejection

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.3294 of 2026
                     Arising Out of PS. Case No.-326 Year-2025 Thana- BAHADURGANJ District- Kishanganj
                    ======================================================
                    Naqui Anwar @ Naqui @ Naqui Alam S/o- Samshul Haque Resident of Rani,
                    ward no.-4 P.S- Kochadhaman, Dist- Kishanganj
                                                                          ... ... Petitioner/s
                                                     Versus
                    The State of Bihar
                                                                   ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :      Mr.Raj Kumar
                    For the Opposite Party/s :      Mr.Umesh Lal Verma
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

2      02-02-2026                    Heard learned counsel for the petitioner and learned

                      A.P.P for the State.

                                   2. The petitioner apprehends his arrest in a case,

                      registered for offence punishable under Section 309(6) of the

                      B.N.S., 2023.

                                   3. It is a case of road robbery. It is alleged that this

                      petitioner along with other accused persons looted vehicle,

                      mobile phone and cash from the informant. Petitioner has got

                      one criminal antecedent.

                                   4. Considering the nature of accusation and criminal

                      antecedent,       the prayer for anticipatory bail of petitioner is

                      rejected.



                                                     (Prabhat Kumar Singh, J)
anay

U        T


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