Patna High Court
Md Shabbir Hasan @ TipuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing a bond of Rs. 10,000 with two sureties.
Summary
The petitioner, Md Shabbir Hasan @ Tipu, was arrested in connection with a case alleging possession of illegal arms and related equipment, charged under several sections of the Bihar Narcotic Substances (B.N.S.) Act and the Arms Act. The prosecution claimed a large quantity of arms and manufacturing tools were recovered from his residence. The petitioner’s counsel argued that no items were found in his conscious possession, that the seizure list violated Section 105 of the B.N.S. Act, and that the seized articles were not sealed, casting doubt on the legality of the seizure; he also highlighted the petitioner’s prolonged pre‑trial detention since June 2025. The State opposed bail, citing four prior criminal cases against the petitioner. After hearing both sides, the court found merit in the procedural objections and the lack of concrete evidence of possession, and ordered the petitioner to be released on bail with a bond of Rs. 10,000 and two sureties, directing his cooperation in the trial.
Issues considered
- Whether the petitioner is entitled to bail despite charges under the B.N.S. Act and the Arms Act.
- Whether non‑compliance with Section 105 of the B.N.S. Act in preparing the seizure list warrants bail.
- Whether the failure to seal or pack seized articles at the scene creates reasonable doubt justifying bail.
- Impact of the petitioner’s prior criminal antecedents on the bail decision.
Legislation cited
- Arms Act — s. 25(1-A), 25(1-AA), 25(1-B)(a), 25(1-B)(c), 26(1), 26(2), 35
- Bihar Narcotic Substances Act — s. 111(2), 111(4), 3(5)
Subjects
- bail
- seizure procedure
- Arms Act
- Bihar Narcotic Substances Act
- criminal antecedent
- judicial custody
- evidence sealing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11006 of 2026
Arising Out of PS. Case No.-188 Year-2025 Thana- MUNGER MUFFASIL District- Munger
======================================================
Md Shabbir Hasan @ Tipu Son of Md Kamaruddin @ Mohammad
Kamruddin Resident of Village - Chakhasim, P.S. - Moffasil, District -
Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Murad Ashraf, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Muffasil P.S. Case No. 188 of 2025 registered for the
offence punishable under Sections 111(2), 111(4) and 3(5) of
B.N.S., Section 25(1-A), 25(1-AA), 25(1-B)(a), 25(1-B)(c),
26(1), 26(2) and 35 of the Arms Act.
3. The case of the prosecution, in short, is that from
the house of this petitioner, huge quantity of illegal arms along
with equipment for manufacturing arms, iron magazine,
cartridges and smart phone were recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.11006 of 2026(2) dt.18-02-2026
2/3
committed no offence. He has been falsely implicated in this
case. Nothing has been recovered from his conscious
possession. The witnesses of the seizure list are police personnel
and police has not complied Section 105 of BNSS while
preparing the seizure list. Learned counsel has further submitted
that in para-7 of the seizure list, it is not described as to the
seized articles were sealed or not. In the case of Arms Act, if the
seized articles were not sealed or packed at the place of the
occurrence, this gives serious doubt over the preparation of
seizure. Moreover, the petitioner is languishing in judicial
custody since 06.06.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that the petitioner is having criminal antecedent of four 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 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 C.J.M.,
Munger in connection with Muffasil P.S. Case No. 188 of 2025.
7. The petitioner is directed to cooperate in the trial
Patna High Court CR. MISC. No.11006 of 2026(2) dt.18-02-2026
3/3
and to be present in the trial court whenever required.
(Ashok Kumar Pandey, J)
Shubham/-
U T
Checking your session…