Patna High Court
Md. TabarakversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was not granted and the application was dismissed.
Summary
The petitioners, Md. Tabarak and Md. Imtiyaz, were arrested in connection with a case registered under Sections 310(4) and 310(5) of the Bihar Narcotic Substances Act and Sections 25(1‑b)a, 26 and 35 of the Arms Act, after a live cartridge, a country‑made pistol and a stolen motorcycle were recovered. They have been in custody since 15 October 2025 and also face three other pending Arms Act cases. The petitioners applied for bail, claiming innocence and false implication, while the State opposed the relief. The learned judge, considering the seriousness of the offences, the material evidence and the petitioners’ antecedents, declined to grant bail. The bail application was dismissed, but the court permitted the petitioners to file a fresh bail application if the trial is unduly delayed.
Issues considered
- Whether bail should be granted to the accused under the Bihar Narcotic Substances Act and the Arms Act given the nature of the offences and the material evidence.
- Whether the custody period and antecedents justify denial of bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bihar Narcotic Substances Act — s. 310(4), 310(5)
Subjects
- bail
- Arms Act
- Bihar Narcotic Substances Act
- criminal procedure
- high court
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1105 of 2026
Arising Out of PS. Case No.-323 Year-2025 Thana- JANKINAGAR District- Purnia
======================================================
1. Md. Tabarak Son of Md. Yunush Resident of Village- Laxmipur Birnagar,
P.S.- Bhargana, District- Araria
2. Md. Imtiyaz Son of Ushman @ Md. Usman Resident of Village- Laxmipur
Birnagar, P.S.- Bhargana, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sumit Kumar Bhagat
For the Opposite Party/s : Mr.Uday Chand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 27-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Jankinagar P.S. Case No. 323 of 2025, registered for the offence
punishable under Sections 310(4), 310(5) of B.N.S. and Section
25(1-b)a, 26, 35 of the Arms Act.
3. As per the prosecution case, one live cartridge, one
country-made pistol and one stolen motorcycle was recovered.
The petitioners are accused in three more cases of the Arms Act.
4. It has been submitted by the learned counsel for the
petitioners that the petitioners are innocent and have falsely
Patna High Court CR. MISC. No.1105 of 2026(5) dt.27-04-2026
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been implicated in this case. The petitioners are in custody since
15.10.2025.
5. Learned APP appearing for the State opposes the
prayer for bail of the petitioners.
6. Considering the custody and antecedents, I am not
inclined to grant bail to the petitioners at present. Accordingly,
this application is dismissed.
7. However, the petitioners are given liberty to renew
their prayer for bail if the trial is delay.
(Sandeep Kumar, J)
sanjeev/-
U T
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