Patna High Court
Md Asgar @ Asgar Ali @ Mohamad AsgarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bond of Rs 10,000 with two sureties.
Summary
The petitioner, Md Asgar, was arrested in connection with the recovery of an automatic country‑made pistol from a madarsha and charged under Sections 25(1‑b)a, 26 and 35 of the Arms Act. He contended that he had no possession of the weapon, was falsely implicated, and that the police failed to comply with Section 105 of the Bihar Police Manual while making the seizure. He had been in judicial custody since 6 April 2026. The State opposed bail, citing a prior criminal antecedent. After hearing both sides, the High Court found merit in the petitioner’s claim of procedural lapse and, despite the antecedent, ordered that bail be granted on a bond of Rs 10,000 with two sureties. The order directs the petitioner to appear before the Judicial Magistrate, 1st Class, East Champaran.
Issues considered
- Whether bail should be granted to a person accused under Sections 25(1‑b)a, 26 and 35 of the Arms Act when the seizure was allegedly conducted without compliance with Section 105 of the Bihar Police Manual.
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
Legislation cited
- Arms Act, 1959 — s. 25(1-b)a, 26, 35
- Bihar Police Manual (BNSS) — s. 105
Subjects
- bail
- Arms Act
- seizure procedure
- police compliance
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42942 of 2026
Arising Out of PS. Case No.-141 Year-2026 Thana- CHAKIA District- East Champaran
======================================================
Md Asgar @ Asgar Ali @ Mohamad Asgar Son of Late Damri Miya @ Late
Mohammad Iqbal Hussain Resident of Village-Gawandra, P.S-Chakia,
District-East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suraj Kumar Tiwari, Advocate.
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail registered for the
offence punishable under Sections 25(1-b)a, 26 and 35 of the
Arms Act.
3. The case of the prosecution, in short, is that from a
Madarsha, one automatic country-made pistol was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that nothing has been recovered from the
possession of the petitioner. The witnesses of the seizure list are
police personnel and the police has not complied with Section
Patna High Court CR. MISC. No.42942 of 2026(2) dt.01-07-2026
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105 of the BNSS while making the seizure. He further submits
that the petitioner is languishing in judicial custody since
06.04.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of one case.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, East Champaran, Motihari in connection
with Chakia P.S. Case No. 141 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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