Patna High Court
Badshah Alam @ Md. BadshahversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The Court declined to grant anticipatory bail to the petitioner.
Summary
The petitioner, Badshah Alam, sought anticipatory bail after an FIR (Case No.184 of 2025) alleged his involvement in a robbery, assault and firing on an informant, invoking Sections 126(2), 115(2), 303(2), 352, 351(2), 351(3) & 3(5) of the B.N.S., 2023 read with Section 27 of the Arms Act. The petitioner claimed innocence, argued that the allegations were vague, and noted that no weapon was recovered, contending that most offences were bailable. The State opposed bail, maintaining that the allegations, though general, were sufficient to justify detention. The Court examined the nature of the offences, the seriousness of the alleged act of firing, and the lack of a clear factual basis to grant bail. Concluding that the circumstances did not merit anticipatory bail, the Court rejected the petitioner's bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the FIR and the nature of the offences alleged.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 115(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352
Subjects
- anticipatory bail
- criminal procedure
- robbery
- assault
- arms possession
- non-bailable offence
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36073 of 2026
Arising Out of PS. Case No.-184 Year-2025 Thana- BELDOUR District- Khagaria
======================================================
Badshah Alam @ Md. Badshah Son of Md. Kasim @ Abul Kasim Resident of
Didhaun, ward No 04, P.S.- Beldaur. District- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mohammad Minnatullah, Adv.
For the Opposite Party/s : Mr.Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard Learned Counsel for the petitioner and
Learned APP for the State.
3. The petitioner is apprehending arrest in connection
with Beldaur P.S. Case No.184 of 2025 lodged on 19.06.2025,
for the offences punishable under Sections 126(2), 115(2),
303(2), 352, 351(2), 351(3) & 3(5) of the B.N.S., 2023 read
with section 27 of the Arms Act.
4. As per the prosecution, FIR has been lodged against
three named accused persons including the petitioner with
allegation that they in connivance with each other, forcefully
snatched Rs.10,000/- cash, one mobile and also abuses the
informant on the point of desi katta. The specific allegation
against the petitioner is that he has fired on the informant, but
anyhow he saved his life.
Patna High Court CR. MISC. No.36073 of 2026(2) dt.01-06-2026
2/2
5. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He
submits that the petitioner has been falsely implicated in the
present case. He further submits that the entire allegation is
general and vague against the petitioner.
6. Counsel submits that the criminal antecedent of the
petitioner is clean and ready to fulfill all the conditions
whatsoever shall be imposed upon him. He further submits that
all sections are bailable except section 303(2) of the BNS and
27 of the Arms Act. He further submits that arms has not been
recovered from the possession of the petitioner.
7. Learned APP for the State opposes the prayer for
bail and submits that there is general and omnibus allegation
against the petitioner.
8. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioner, therefore
the bail application of the petitioner is hereby rejected.
(Dr. Anshuman, J)
Prakashmani/-
U T
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