Patna High Court

Md. DanishversusThe State of Bihar

Decided: 20 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail should be granted to the petitioner in the Arms Act case, subject to monetary and personal surety and strict appearance conditions.

Summary

The petitioner, Md. Danish, was arrested on 7 August 2025 after a country-made pistol and a live cartridge were recovered from beneath the wood in his house. He faced charges under Sections 25(1‑B)a and 26 of the Arms Act. The petitioner claimed false implication, asserted no conscious possession of the arms, and highlighted the lack of compliance with Section 103 of the BNSS, 2023. The State opposed bail, citing the seriousness of the offence and the petitioner’s prior criminal antecedent. Considering the custody period, the filing of the charge sheet, and the petitioner’s arguments, the High Court granted bail on the condition of a Rs.15,000 bond with two sureties, one of whom must be a close family member, and mandatory appearance at every trial date.

Issues considered

Whether bail should be granted in a case under Sections 25(1‑B)a and 26 of the Arms Act.
Whether the petitioner’s claim of false implication and lack of conscious possession affects bail eligibility.
Whether non‑compliance with Section 103 of the BNSS, 2023, warrants denial of bail.
Impact of the petitioner’s prior criminal antecedent on the bail decision.

Legislation cited

Arms Act — s. 25(1‑B)a, 26

Subjects

bail
Arms Act
illegal weapons
false implication
criminal antecedent
high court
conditions of bail
Section 103 BNSS 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.1294 of 2026
                      Arising Out of PS. Case No.-326 Year-2025 Thana- KHAJEKALA District- Patna
                 ======================================================
                 Md. Danish S/O Md. Alim @ Mohammad Alimuddin R/O Noon Ka
                 Chauraha, P.S- Khajekala, Distt- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Harish Kumar, Advocate
                 For the Opposite Party/s :       Mr. Dr. Mrityunjaya Kr. Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   20-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Khajekalan P.S. Case No. 326 of 2025 instituted for the offence

                   under Sections 25(1-B)a & 26 of the Arms Act.

                           3.       Prosecution case, in brief, is that on 06.08.2025,

                   petitioner was apprehended, pursuant to which a country-made

                   pistol along with one live cartridge was recovered from beneath

                   the wood in his house.

                           4.       It has been submitted on behalf of the petitioner

                   that the petitioner is in custody since 07.08.2025. Petitioner

                   bears one criminal antecedent/s, as per disclosure made in

                   paragraph No. 3 of the bail application.
Patna High Court CR. MISC. No.1294 of 2026(2) dt.20-01-2026
                                            2/3




                  5.      It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. It is submitted that petitioner has no concern with the

          recovered arms. Nothing has been recovered from the conscious

          possession of the petitioner. Learned counsel next submits that

          police after investigation has already submitted charge sheet in

          this case. There is no compliance of Section 103 of the BNSS,

          2023.

                  6.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  7.      Considering the aforesaid facts and circumstances

          of the case, period of custody of the petitioner and charge sheet

          being submitted, this Court is inclined to grant bail to the

          petitioner.

                  8.      Let the petitioner be released on bail, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- (Fifteen Thousand) with two sureties of the like

          amount each to the satisfaction of Court below/concerned Court

          in connection with Khajekalan P.S. Case No. 326 of 2025,

          subject to the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioner.
           Patna High Court CR. MISC. No.1294 of 2026(2) dt.20-01-2026
                                                       3/3




                             (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T

Continue reading with your account

Checking your session…