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Patna High Court

Md. Asfaque @ AsfaqueversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Md. Asfaque, applied for regular bail in a case registered under Sections 25(1‑b)a and 26 of the Arms Act, alleging that a pistol was recovered from his pocket during a police raid based on secret information. He contended that he was falsely implicated, had no specific allegations against him, and no incriminating article was found in his conscious possession. The charge sheet had already been filed, and the petitioner had been in custody since 30 August 2025 with no prior criminal record. The State opposed the bail, arguing the seriousness of the offence. Considering the filed charge sheet, the length of custody already served, and the petitioner’s clean antecedents, the Court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • What is the appropriate discretion of the Court in granting regular bail under the Arms Act when the charge sheet is already filed and the accused has been in custody for a considerable period?

Legislation cited

Subjects

  • regular bail
  • Arms Act
  • possession of illegal weapon
  • charge sheet
  • custody
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11295 of 2026
                        Arising Out of PS. Case No.-106 Year-2025 Thana- FALKA District- Katihar
                 ======================================================
                 Md. Asfaque @ Asfaque S/o Md. Maksud @ Mir Makshud Residents of
                 Village- Phuldobhi, Ward No. 07, P.S.- Falka, District-Katihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bimal Kumar, Advocate
                 For the Opposite Party/s :       Mr. Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   24-02-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in a case registered

                   under Sections 25(1-b)a/26 of the Arms Act.

                                3. As per prosecution case, it is alleged that the police

                   on getting secret information conducted raid at the house of

                   petitioner and upon search, recovered a country made pistol

                   from the pocket of petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case due to ulterior motive. There is no specific allegation

                   attributed to the petitioner. No incriminating article has been

                   recovered from conscious possession of petitioner. The charge

                   sheet has already been submitted and there is no chance of
           Patna High Court CR. MISC. No.11295 of 2026(2) dt.24-02-2026
                                                       2/2




                     absconding of the petitioner or tampering with the evidence.

                     Petitioner is in jail since 30.08.2025 having no criminal

                     antecedent and he undertakes to cooperate in the trial.

                                  5. Learned A.P.P. has opposed the prayer for bail of

                     the petitioner.

                                  6. Considering the facts and circumstances of the

                     case, submissions of the parties, allegation against the petitioner

                     and the fact that charge sheet has already been submitted as well

                     as the period of custody undergone by him, let the above named

                     petitioner be released 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 learned Judicial Magistrate,

                     1st Class, Katihar/concerned court in connection with Falka P.S.

                     Case No.106 of 2025.



                                             (Sunil Dutta Mishra, J)
Harish/-

U      T


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