Patna High Court
Md Sahbaj @ Md. ShahbajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Md. Sahbaj, sought anticipatory bail after being implicated in a case (Puraini PS Case No. 155 of 2025) 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, based on the testimony of co‑accused who named him. He argued that he has no criminal antecedent and that a similarly situated individual had been granted relief in a coordinate bench decision. The State opposed, stating that the co‑accused had identified the petitioner. The Court, noting the recovery of the weapon from the named accused and the precedent of relief in Cr. Misc. No. 82816 of 2025, decided to extend anticipatory bail with stringent conditions, including a bail bond, sureties, regular appearances before the trial court and police, and prohibitions against tampering with evidence. The order directs that the petitioner be released on bail if arrested or surrendered within four weeks, subject to the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the present case
- Whether the precedent of relief granted to a similarly situated person is applicable
Legislation cited
- Arms Act — s. 25(1‑B)a, 26, 35
- Bihar Narcotic Substances Act — s. 310(4), 310(5)
Subjects
- anticipatory bail
- Arms Act
- Bihar Narcotic Substances Act
- bail conditions
- criminal procedure
- pre‑cedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1126 of 2026
Arising Out of PS. Case No.-155 Year-2025 Thana- PURAINI District- Madhepura
======================================================
Md Sahbaj @ Md. Shahbaj Son of Md. Afjal R/o - Auray, P.S. - Puraini,
District - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr. Sanjay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 04-02-2026 Heard Dr. Sanjay Kumar Singh, learned counsel for the
petitioner and the State.
2. The petitioner is apprehending his arrest in
connection with Puraini P.S. Case No. 155 of 2025 for the offence
under sections 310(4) and 310(5) of the BNS and Sections 25(1-
B)a, 26 and 35 of the Arms Act lodged on 09.08.2025 by the
informant, Kundan Paswan.
3. As per the prosecution story, the informant alleged
that he departed on a morning patrolling when received
information about some miscreants making plan to commit crime.
Accordingly, the place was raided and three accused persons
apprehended namely Md. Fahim, Mr. Aftab and Md. Sonu. They
confessed to making plan to commit a crime and upon search,
country-made revolver and mobile recovered beside a motorcycle.
They gave the names of the persons who escaped, the petitioner
being one of them. This led to the FIR.
4. Learned counsel for the petitioner submits that he has
no criminal antecedent and only because the arrested persons due
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to enmity named him, got implicated. The further submission is
that one other similar situate person (Md. Mokim) has been
granted relief by a Coordinate Bench in Cr. Misc. No. 82816 of
2025.
5. Let the same be kept on record.
6. Learned APP, Mr. Bharat Bhushan opposes the prayer
submitting that the arrested persons have named him.
7. Taking into account the submissions of the parties as
also that the recovery/seizure is from the named accused, they
have given the name of this petitioner and one similarly situated
person has been granted relief by the Coordinate Bench, as stated
above, in that background, this Court is inclined to extend him the
privilege of anticipatory bail with conditions.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the receipt
of this order, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of like amount each to the satisfaction
of learned ACJM-1, Udakishunganj, Madhepura in connection
with Puraini P.S. Case No. 155 of 2025 subject to the following
conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhaar Card/Voter ID Card/Pan Card/Driving
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License) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every month for six months to mark his attendance
and after the end of the period, the certificate shall be submitted
before the Trial Court failing which steps shall be taken for the
cancellation of the bail bonds;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty to
take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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