Patna High Court
Md. Asfaque @ AsfaqueversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Arms Act — s. 25(1‑b)a, 26
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
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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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