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Patna High Court

Md. Bablu @ FirojversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that anticipatory bail was not appropriate and dismissed the application.

Summary

The petitioners, Md. Bablu and Md. Minju, filed an anticipatory bail application fearing arrest in a case under Sections 25(1‑B)a, 25(1‑AA), 26(2) and 35 of the Arms Act, where four country‑made pistols and 20 live cartridges were recovered from co‑accused Masudan Yadav. The prosecution’s case relied on the self‑inculpatory statement of Masudan Yadav that named the petitioners. The petitioners argued that they have a criminal antecedent but sought protection from arrest. The State opposed the anticipatory bail, contending that the circumstances did not warrant such relief. The Court held that the facts did not make the case suitable for anticipatory bail, dismissed the application, and directed the petitioners to surrender within five weeks and apply for regular bail, failing which the police would be authorized to arrest them.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the Arms Act based on the co‑accused’s self‑inculpatory statement.
  • Whether the petitioners pose a risk of absconding, tampering with evidence, or influencing the investigation.

Legislation cited

  • Arms Act — s. 25(1-AA), 25(1-B)a, 26(2), 35

Subjects

  • anticipatory bail
  • Arms Act
  • self‑inculpatory statement
  • surrender
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44936 of 2025
                 Arising Out of PS. Case No.-222 Year-2024 Thana- CHHATAUNI District- East Champaran
                 ======================================================
           1.     Md. Bablu @ Firoj S/O Late Md. Ekram R/O Village- Mirjapur Bardah,
                  P.S.- Muffasil, Distt.- Munger
           2.    Md. Minju @ Tanveer @ Mirchu S/O Md. Abdul Jabbar R/O Village-
                 Mirjapur Bardah, P.S.- Muffasil, Distt.- Munger

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Raj Kumar Choudhary, Advocate
                 For the Opposite Party/s :      Mr.Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   19-02-2026                   Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in

                   connection with Chhatauni P.S. Case No. 222 of 2024 instituted

                   under Sections 25(1-B)a, 25(1-AA), 26(2) and 35 of the Arms

                   Act.

                                3. As per the prosecution case, four country-made

                   pistol and 20 live cartridges were recovered from one Masudan

                   Yadav.

                                4. Learned counsel for the petitioners submits that

                   the petitioners’ name have come in the self-inculpatory

                   statement of co-accused Masudan Yadav. Petitioners have one
              Patna High Court CR. MISC. No.44936 of 2025(3) dt.19-02-2026
                                                          2/2




                        criminal antecedent.

                                     5. Learned APP for the State has opposed the prayer

                        for anticipatory bail of the petitioners.

                                     6. Considering the aforesaid facts, this is not a fit

                        case for grant of anticipatory bail.

                                     7. Accordingly, the application stands dismissed.

                                     8. The petitioner is directed to surrender within five

                        weeks from today and pray for regular bail, failing which the

                        Superintendent of Police, East Champaran will take all steps for

                        arrest of the petitioner.

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

                        Superintendent of Police, East Champaran through FAX or e-

                        mail for its compliance.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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