Patna High Court

Md. Ali @ Md. Asraf Ali AnsariversusThe State of Bihar

Decided: 19 March 2026
Disposal: BAIL GRANTED
Bench: ALOK KUMAR SINHA

Holding

Bail was granted to the petitioner subject to bond and conditions.

Summary

The petitioner, Md. Ali, was arrested in connection with a 2011 case under Sections 25(1‑B)a, 26 and 35 of the Arms Act after a co‑accused, Md. Tahir, recovered a loaded pistol and named the petitioner in his confessional statement. No firearm was recovered from the petitioner’s possession and the only evidence against him is the co‑accused’s statement. The petitioner had been in custody since May 2025 and applied for bail, offering to comply with any conditions. The State opposed bail, but the court considered the lack of direct recovery, the length of pre‑trial detention, and the petitioner’s willingness to abide by conditions. The court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding a close relative as bailor, physical presence at trial, and cancellation for repeated unexplained absences.

Issues considered

Whether bail can be granted to the petitioner under the Arms Act when the only evidence is a co‑accused’s confessional statement and no firearm was recovered from his possession.

Legislation cited

Arms Act — s. 25(1‑B)a, 26, 35

Subjects

bail
Arms Act
confessional statement
co‑accused
firearm possession
pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10796 of 2026
                     Arising Out of PS. Case No.-525 Year-2011 Thana- BETTIAH CITY District- West
                                                       Champaran
                 ======================================================
                 Md. Ali @ Md. Asraf Ali Ansari S/o- Afzal @ Safique Ansari Village-
                 Chaudhariyana PS- Nagar Bhojpur District-Bhojpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Amarendra Nath Verma
                 For the Opposite Party/s :       Mr.Bhanu Pratap Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   19-03-2026                    Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with Bettiah

                   Town P.S. Case No. 525 of 2011, registered for the offence

                   punishable under Sections 25(1-B)a, 26 & 35 of the Arms Act.

                                3. On 26.10.2011, the police reached Deepak Kumar’s

                   house after receiving information about miscreants. One

                   accused, Md. Tahir @ Md. Azhar, was apprehended while

                   trying to escape, and a loaded 9 mm pistol was recovered from

                   his possession. He disclosed the names of other associates

                   including the petitioner and was sent for medical treatment, after

                   which the FIR was lodged.

                                4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.10796 of 2026(3) dt.19-03-2026
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          that nothing has been recovered from conscious possession of

          the petitioner and his name has figured in the confessional

          statement of co-accused Md. Tahir @ Md. Azhar. The petitioner

          is in custody since 21.05.2025. Except confessional statement of

          co-accused, there is nothing against the petitioner. He further

          submits that the petitioner is ready to abide by the conditions

          which may be imposed by this Court.

                       5. Learned APP for the State has opposed the

          application for bail.

                        6. Taking into account the facts and circumstances

          and the fact that no recovery of fire-arm has been made from

          physical possession of the petitioner and further that the

          petitioner has remained in custody since 21.05.2025, let the

          above named petitioner, be enlarged on bail on furnishing bail

          bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties

          of the like amount each to the satisfaction of the learned court

          below where the case is pending/successor court in connection

          with Bettiah Town P.S. Case No. 525 of 2011, subject to the

          following conditions:-

                       (i) One of the bailors of the petitioner shall be his

          close relative.

                        (ii) The petitioner shall remain physically present in
           Patna High Court CR. MISC. No.10796 of 2026(3) dt.19-03-2026
                                                       3/3




                     Court on each date of the trial.

                                  (iii) In case of absence on two consecutive dates

                     without substantial reason or in violation of the terms of the

                     bail, the bail bond of the petitioner will be liable to be cancelled

                     by the Court concerned.



                                              (Alok Kumar Sinha, J)
kundan/-

U      T

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