Patna High Court
Syed @ Bablu @ Md. BabluversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail could not be granted to the petitioner.
Summary
The petitioner, Syed Bablu, sought anticipatory bail fearing arrest in a case (PS No. 634 of 2025) involving alleged illegal arms supply under Section 111(3) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑B)a, 26 and 35 of the Arms Act. The prosecution relied on a self‑incriminating statement of a co‑accused and highlighted the petitioner’s three prior criminal convictions. The Patna High Court, considering the seriousness of the offences, the gravity of the allegations and the petitioner’s antecedents, declined to grant anticipatory bail. The court ordered the petitioner to surrender within two weeks and apply for regular bail, warning that failure to do so would result in his arrest. The order was limited to the present application and does not prejudice any later proceedings.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the provisions of the Criminal Procedure Code in view of the seriousness of the offences under the Bharatiya Nyaya Sanhita and the Arms Act and his prior criminal record
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 111(3)
Subjects
- anticipatory bail
- illegal arms
- Bharatiya Nyaya Sanhita
- Arms Act
- bail denial
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89277 of 2025
Arising Out of PS. Case No.-634 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
Syed @ Bablu @ Md. Bablu Son of Late Reyaz Ahmad Resident of Village -
Turkauliya, P.S. - Harsidhi, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Dr. Kumar Uday Pratap
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-02-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Harsidhi P.S. Case No. 634 of 2025 registered for offences
under Section 111(3) of the Bharatiya Nyaya Sanhita, 2023 and
Sections 25(1-B)a, 26 and 35 of the Arms Act.
3. As per the prosecution case, the petitioner is said to
have been involved in the supply of illegal arms. The name of
the petitioner has come in the self-inculpatory statement of the
co-accused. The petitioner has three criminal antecedents also.
4. Considering the nature, the gravity of the offence
and the criminal antecedents of the petitioner, this Court is not
inclined to grant the privilege of anticipatory bail to the
petitioner in the present case.
Patna High Court CR. MISC. No.89277 of 2025(2) dt.24-02-2026
2/2
5. Accordingly, the application for anticipatory bail is
hereby rejected.
6. The petitioner is directed to surrender in the court
below within a period of two weeks from today and seek regular
bail, failing which the Superintendent of Police, East
Champaran, Motihari will take all steps for the arrest of the
petitioner.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
8. Let a copy of this order be communicated to the
Superintendent of Police, East Champaran, Motihari through
FAX for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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