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Patna High Court

Md. NaiyarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Md. Naiyar, sought anticipatory bail fearing arrest in a case alleging facilitation of gambling under Sections 318(4) and 3(5) of the B.N.S., Sections 5, 6 and 7 of the Lottery Regulation Act and Section 11 of the Bengal Gambling Act. The prosecution, based on an informant who is the Sub‑Inspector of Khajekala Police Station, claimed the petitioner and others organized gambling, supported by an independent witness. The petitioner contended he was innocent, that no incriminating article was found in his possession and that he was implicated merely on suspicion. The State opposed bail, highlighting the specific accusations and the petitioner’s 13 prior criminal convictions. Considering the seriousness of the allegations, the direct nature of the accusations and the petitioner’s antecedents, the Court rejected the prayer for anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the specific accusations under the gambling statutes and his criminal antecedents?

Legislation cited

Subjects

  • anticipatory bail
  • gambling
  • Lottery Regulation Act
  • Bengal Gambling Act
  • criminal antecedents
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84581 of 2025
                       Arising Out of PS. Case No.-94 Year-2025 Thana- KHAJEKALA District- Patna
                 ======================================================
                 Md. Naiyar Son of Md. Hamid Alam @ Late Hamid Alam Resident of
                 Mohalla- Moghalpura Durukhi, P.S.- Khajekalan, District- Patna (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Akash Kumar Mishra, Advocate
                 For the State           :        Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   06-01-2026                  Heard Mr. Akash Kumar Mishra, learned counsel

                   appearing on behalf of the petitioner and Mr. Umeshanand

                   Pandit, learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 318(4) and

                   3(5) of the B.N.S., Sections 5, 6 and 7 of the Lottery Regulation

                   Act and Section 11 of the Bengal Gambling Act.

                                3. As per prosecution case, informant, namely Bikash

                   Kumar Singh, who happens to be S.I. of Khajekala Police

                   Station, alleged that this petitioner, along with other accused

                   persons, facilitated gambling in the area, as stated by an

                   independent witness.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has
             Patna High Court CR. MISC. No.84581 of 2025(2) dt.06-01-2026
                                                         2/2




                       committed no offence. Petitioner has falsely been implicated in

                       this case merely on suspicion. No incriminating article has been

                       recovered from conscious possession of this petitioner.

                                    5. On the other hand, learned A.P.P. for the State has

                       vehemently opposed the prayer for grant of anticipatory bail to

                       the petitioner and submitted that petitioner is named in the F.I.R.

                       with specific accusation that he facilitated gambling in the area.

                       Petitioner has got 13 criminal antecedents.

                                    6. Considering the facts and circumstances of the

                       case, specific and direct nature of accusation, gravity of offence

                       and criminal antecedents of the petitioner, the prayer for grant of

                       anticipatory bail to the petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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