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Patna High Court

Syed @ Bablu @ Md. BabluversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
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                                    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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