CRM-M No.40075 of 2026 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 206 CRM-M No.40075 of 2026 Date of decision: 26.08.2026 Billa @ Jashandeep Singh ... Petitioner Vs. State of Punjab ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Prince Sharma, Advocate, for the petitioner. Ms. Sakshi Bakshi, AAG, Punjab, for the respondent-State. ---- MANISHA BATRA, J. (Oral) 1. The present petition has been filed by the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in the FIR mentioned below:- FIR No. Dated Police Station Sections 257 11.11.2025 City Tarn Taran, Tehsil & District Tarn Taran 25 of Arms Act, 1959 (For short “Act, 1959”) and 223 of the Bharatiya Nyaya Sanhita, 2023 (For short “BNS”) MANJU 2026.08.27 16:30 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.40075 of 2026 -2- 2. Brief facts relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered on the allegations that on 11.11.2025, on receipt of a secret information to the effect that the present petitioner along with co-accused Gurbhej Singh, Harjit Singh and Amritpal Singh @ Peter was present within the jurisdiction of Tarn Taran while being armed with pistols, they were in Creta car bearing registration No.HR-87-H-9616 and were intended to commit some offence, a raiding party was formed which reached at the informed place and laid a barricade. On arrival of the aforementioned vehicle at the spot, signal was given to the driver to stop the same. Three youths came out of the same and tried to flee. One of them was, however, apprehended. On asking, he disclosed his name as Gurbhej Singh and of the other three youths as Harjit Singh, Amritpal Singh and Billa i.e. the present petitioner. On conducting search of the vehicle, one 30 bore caliber containing two live cartridges was recovered from the dashboard of the vehicle which was taken into possession. Investigation proceedings were initiated. Apprehending his arrest, the petitioner moved an application for grant of anticipatory bail which was dismissed by the Court of learned Additional Sessions Judge, Tarn Taran vide order dated 06.12.2025. 3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. The disclosure statement allegedly suffered by the co-accused naming him cannot be considered to be MANJU 2026.08.27 16:30 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.40075 of 2026 -3- legally admissible in evidence. No specific act has been attributed to him. The ingredients for commission of offence punishable under Section 25 of Act, 1959 are not attracted qua him. He was neither the driver, owner or occupier of the vehicle from where the alleged recovery was effected. Nothing is to be recovered from him. His custodial interrogation is not required. He is ready to join investigation. His involvement in another case cannot be considered to be a reason for denying benefit of bail to him. It is, therefore, argued that the petition deserves to be allowed. 4. Per contra, learned State counsel has argued that the allegations against the petitioner are serious in nature. He was named in the secret information as well as in the disclosure statement of the co-accused. He was one of the occupants of the vehicle from which recovery of pistol had been effected. For the purpose of conducting proper investigation, his custodial interrogation is must. His antecedents are not clean as he is involved in another case of serious nature. There is no exceptional or extraordinary circumstance for grant of anticipatory bail to the petitioner. It is, therefore, argued that the petition does not deserve to be allowed. 5. This Court has considered the rival submissions. 6. The petitioner along with the co-accused was alleged to be travelling in a car from which recovery of the illicit weapon had been effected. He had managed to flee at that time. His custodial interrogation might not be required, however, that alone cannot be a good ground to MANJU 2026.08.27 16:30 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.40075 of 2026 -4- grant anticipatory bail as observed by Hon’ble Supreme Court in Sumitha Pradeep v. Arun Kumar C.K. and another : 2022 (4) R.C.R. (Criminal) 977. The well settled proposition of law is that while considering an application for grant of anticipatory bail, the Court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation or tampering with evidence including intimidating witnesses and likelihood of fleeing justice. The Courts are required to be guided by consideration such as nature and gravity of the offences, the role attributed to the applicant and the facts of the case, while considering whether to grant anticipatory bail or refuse it and it is a matter of discretion to grant or not to grant bail. Reference in this context can be made to Sushila Aggarwal and others v. State (NCT of Delhi) : (2020) 5 SCC 1, wherein Hon’ble Supreme Court had observed so. Applying the aforementioned conditions to the present case and keeping in view the nature of the offence alleged to have been committed by the petitioner, the quantum of sentence which the conviction may entail and the attendant facts and circumstances but without meaning to make any comment on the merits of the case, this Court is of the considered opinion that for conducting thorough investigation in the matter, the custodial interrogation of the petitioner is required. More so, no sparing or extraordinary circumstance has been made out entitling him to seek concession of pre-arrest bail as a matter of MANJU 2026.08.27 16:30 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.40075 of 2026 -5- right. Accordingly, the petition is dismissed. (MANISHA BATRA) 26.08.2026 JUDGE manju Whether speaking/reasoned Yes/No Whether reportable Yes/No MANJU 2026.08.27 16:30 I attest to the accuracy and authenticity of this order /judgment Chandigarh