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Patna High Court

Md. Farhan Alam @ Farhan AlamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail is not maintainable where the accused was arrested at the spot and fled while being taken to the police station.

Summary

The petitioner, Md. Farhan Alam, was arrested under a police case alleging offences under Sections 353 and 224 of the Indian Penal Code and Sections 25(1‑b)(a) and 26 of the Arms Act for allegedly possessing a pistol. He claimed that he was unconscious due to an accident, was treated at hospitals in Araria and Katihar, and was later in Delhi for medical care, asserting his innocence. The prosecution’s FIR, based on the testimony of a chowkidar, stated that the petitioner was found with a pistol after a motorcycle accident and fled when taken to the police station. The petitioner sought anticipatory bail, arguing that the seizure list was prepared solely on the informant’s statement and that he had not committed any offence. The court observed that the petitioner was arrested at the spot and subsequently fled while being taken to the police station, indicating a likelihood of tampering with evidence or influencing witnesses. Consequently, the court held that anticipatory bail was not maintainable and dismissed the application.

Issues considered

  • Whether anticipatory bail can be granted when the accused was arrested at the scene and later fled while being taken to the police station
  • Whether the circumstances of the arrest and alleged flight justify denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Arms Act
  • possession of firearm
  • bail jurisprudence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89070 of 2025
                        Arising Out of PS. Case No.-373 Year-2023 Thana- JOKIHAT District- Araria
                 ======================================================
                 Md. Farhan Alam @ Farhan Alam Son of Md.l Tikluddin Resident of Village-
                 Turkaili Ward No. 11, P.S.- Jokihat, District- Araria
                                                                              ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Mukesh Kumar Rana
                 For the Opposite Party/s :        Mr.Shantanu Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   15-01-2026         1. Heard learned Counsel for the petitioner and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Jokihat Police Station Case No. 373 of 2023, dated

                            06.08.2023,       disclosing       offences       punishable        under

                            Sections 353/224 of the Indian Penal Code and Sections

                            25 (1-b)a/26 of the Arms Act.

                       3.   The prosecution case, as per the First Information Report

                            lodged on the basis of the fardeyan of Suresh Lal Tatma,

                            the Chowkidar, is that in course of patrolling, he saw one

                            motorcycle rider in accidental condition and when the

                            informant reached near the place of occurrence, he found

                            one person fallen on the ground, who disclosed his name

                            as the petitioner and from his waist, a country made pistol

                            was recovered. When the informant was taking him to the
            Patna High Court CR. MISC. No.89070 of 2025(2) dt.15-01-2026
                                                        2/2




                               Police Station on his motorcycle, near Jitu Chowk, the

                               petitioner fled away.

                          4.   Learned Counsel for the petitioner submits that the

                               petitioner is innocent and has not committed any offence

                               in the manner alleged. He further submits that the

                               petitioner met with an accident at the place of occurrence

                               and he was in unconscious condition, due to which he

                               was first treated at Sadar Hospital, Araria and thereafter at

                               Katihar Medical College and Hospital, Katihar. The

                               petitioner is still under treatment in Delhi. He next

                               submits that the seizure list was prepared at the Police

                               Station at the instance of the informant.

                          5.   Regards being had to the submissions advanced on behalf

                               of the parties and taking into consideration the fact that

                               the petitioner was arrested at the spot and later on he fled

                               away while going to the Police Station, this anticipatory

                               bail is not maintainable.

                          6.   This application is, accordingly, dismissed, as not

                               maintainable.


                                                                           (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √


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