Md. Naiyar v. The State Of Bihar
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 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