Patna High Court
Masum Nut @ Masum AlamversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted to the petitioner.
Summary
The petitioner, Masum Nut, sought anticipatory bail fearing arrest in a case (Mirganj P.S. Case No. 233 of 2024) involving alleged offences under Sections 25(1‑B)(a), 26 and 35 of the Arms Act for allegedly snatching an official pistol. The prosecution’s case is based on the statement of a co‑accused who named the petitioner as a participant. The petitioner pleaded innocence, asserted a clean antecedent, and argued that the co‑accused’s statement alone should not justify anticipatory bail. The State opposed the bail, emphasizing the seriousness of the arms‑related charges. Justice Sandeep Kumar, after considering the facts, declined to grant anticipatory bail, dismissed the application, and directed the petitioner to surrender within two weeks to seek regular bail, noting that his observations were prima facie and not a determination on the merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case involving alleged offences under the Arms Act.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
Subjects
- anticipatory bail
- Arms Act
- snatching official pistol
- bail application
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37768 of 2026
Arising Out of PS. Case No.-233 Year-2024 Thana- MIRGANJ District- Gopalganj
======================================================
Masum Nut @ Masum Alam S/O Rauf Alam @ Raut Nat R/o Village
Kandhgopi P.S. Mirganj District Gopalganj
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Shrivastava, Adv.
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Mirganj P.S. Case No. 233 of 2024 registered for offences
under Sections 25(1-B)(a), 26 & 35 of Arms Act.
3. As per the prosecution case, the petitioner along
with other accused persons, is accused of snatching the official
pistol, which has been recovered from the co-accused, who has
named the petitioner as one of the criminal involved in the
crime.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
The petitioner claims clean antecedent. His name has surfaced
on the statement made by co-accused.
Patna High Court CR. MISC. No.37768 of 2026(2) dt.15-06-2026
2/2
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the facts and circumstances of the
case and the allegation levelled, I am not inclined to grant
anticipatory bail to the petitioner.
7. Accordingly, this application is dismissed.
8. However, the petitioner may surrender before the
court below within a period of two weeks from today and pray
for regular bail, if so advised.
9. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
U T
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