Patna High Court
Md. Farhan Alam @ Farhan AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
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
- Arms Act — s. 25(1-b)(a), 26
- Indian Penal Code — s. 224, 353
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 √
Checking your session…