Created by Fuzzy Cloud

Patna High Court

Mobassir Alam @ Bhim SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied because the petitioner’s alleged involvement, supported by a co‑accused’s statement, and his prior serious criminal antecedents warranted surrender and regular bail proceedings.

Summary

The petitioner, Mobassir Alam, sought anticipatory bail in a case registered under Section 111(2)(b) of the Bihar Narcotic Substances Act and Sections 25(1‑B)(a), 26 and 35 of the Arms Act. The prosecution’s case relied on the self‑inculpatory statement of a co‑accused, Alakh Niranjan, who alleged that he sold four cartridges to the petitioner. The petitioner contended that he was innocent, no arms were recovered from his possession, and his name appeared only because of the co‑accused’s statement. The State opposed bail, highlighting two prior criminal antecedents, including a murder charge under Section 302 of the IPC. Considering the seriousness of the allegations and the petitioner’s criminal history, the Court declined to grant anticipatory bail, dismissed the application, and ordered the petitioner to surrender within two weeks and apply for regular bail, warning the police to arrest him if he failed to comply.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code given the self‑inculpatory statement against him and his prior criminal antecedents.
  • Whether the presence of prior convictions, including a murder charge, defeats the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Arms Act
  • Bihar Narcotic Substances Act
  • criminal antecedents
  • self‑inculpatory statement
  • Section 438 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37236 of 2026
                        Arising Out of PS. Case No.-76 Year-2026 Thana- BELAGANJ District- Gaya
                 ======================================================
                 Mobassir Alam @ Bhim Singh Son of Md. Mansur Alam @ Mansur Alam
                 Resident of Village- Shekha, Bigha, P.S.- Belaganj, District- Gaya.
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Kunwar Narayan Jamuar
                 For the Opposite Party/s :        Mr.Arun Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State Mr. Jharkhandi Upadhyay.

                                   2.         The petitioner apprehends his arrest in

                   connection with Belaganj P.S. Case No. 76 of 2026 registered

                   for the offence under Sections 111(2)(b) of the BNS and under

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

                                   3. As per the prosecution case, one Alakh Niranjan

                   was arrested and he, in his self-inculpatory statement, has said

                   that he had sold four cartridges for Rs. 1600/- to the petitioner

                   and there is huge recovery of arms and cartridges from Alakh

                   Niranjan.

                                   4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and nothing has been recovered from

                   his possession. He next submits that the name of the petitioner

                   has surfaced in this case only on the basis of the self-inculpatory

                   statement of Alakh Niranjan.

                                   5. Learned APP for the State has opposed the
          Patna High Court CR. MISC. No.37236 of 2026(2) dt.15-06-2026
                                                      2/2




                    prayer of the petitioner and has submitted that the petitioner has

                    two criminal antecedents also which also includes case under

                    Section 302 of the Indian Penal Code.

                                    6. Considering the facts of the case and the

                    antecedents of the petitioner, this Court is not inclined to grant

                    anticipatory bail to the petitioner.

                                    7. Accordingly, this application is dismissed.

                                    8. The petitioner is directed to surrender within two

                    weeks from today and pray for regular bail failing which the

                    Senior Superintendent of Police, Gayaji will take all steps for

                    arrest of the petitioner.

                                 9. It is, however, clarified that the observations made

                    herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not express

                    any opinion on the merits of the case.

                                 10. Let a copy of this order be communicated to the

                    Senior Superintendent of Police, Gayaji through FAX for its

                    compliance.


                                                                (Sandeep Kumar, J)
Vikas/-
U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.