Patna High Court
Rinku @ Md. FaiyazversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing his release upon furnishing a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Rinku (also known as Md. Faiyaz), was arrested in connection with a case of alleged illegal arms manufacturing under several provisions of the Arms Act. Police conducted a raid based on a tip, but the accused fled; a local chowkidar identified 33 persons, including the petitioner, though no weapons were recovered from him. The petitioner argued innocence, noting that no material was found on him and that co‑accused had previously been granted bail in similar cases. The State opposed bail, citing three prior criminal cases against the petitioner. After hearing both sides, the court found the petitioner’s situation comparable to the co‑accused and, despite the antecedents, ordered his release on regular bail with a bond of Rs.10,000 and two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under the Arms Act despite the seriousness of the alleged offence.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
- Whether mere identification by a chowkidar, without seizure of arms, justifies continued detention.
Legislation cited
- Arms Act — s. 25(1-A), 25(1-AA), 25(1-b)a, 26(i), 26(ii), 35
Subjects
- regular bail
- Arms Act
- criminal antecedent
- police raid
- manufacturing of arms
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29468 of 2026
Arising Out of PS. Case No.-89 Year-2023 Thana- MUNGER MUFFASIL District- Munger
======================================================
Rinku @ Md. Faiyaz S/o Md. Mustak R/o Village- Mirzapur Bardah, P.S. -
Muffasil, District- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate.
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 19-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 25(1-A),
25(1-AA), 25(1-b)a, 26(i) (ii) and 35 of the Arms Act.
3. The case of the prosecution is that the police on a tip
of manufacturing of arms, conducted raid, however, noticing the
police party, the persons who were busy in manufacturing arms,
succeeded in fleeing away. It is further alleged that the local
chowkidar disclosed the name of thirty three persons including the
petitioner as the persons involved in the crime and from the place
of the occurrence, one semi-finished country made pistol and
other articles which were being used for manufacturing arms.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
Patna High Court CR. MISC. No.29468 of 2026(2) dt.19-06-2026
2/2
counsel for the petitioner has submitted that the name of this
petitioner has surfaced in the statement of local chowkidar.
Nothing has been recovered from the possession of the petitioner.
He further submits that similarly situated other co-accused
persons namely, Shiba @ Shabbir Ahmad and Md. Azad have
been granted bail by learned co-ordinate Bench as well as from
this Court vide Cr. Misc. Nos. 32012 of 2025 and 86629 of 2025
respectively. The case of this petitioner stands on similar footing.
Moreover, the petitioner is languishing in judicial custody since
24.02.2026.
5. Learned APP appearing for the State has vehemently
opposed the prayer of regular bail and submits that the petitioner
is having criminal antecedent of three cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Munger Muffasil P.S. Case No. 89 of 2023 on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned C.J.M., Munger.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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