Patna High Court
Md. SharifversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioners, directing them to furnish a bond of Rs. 10,000 with two sureties each.
Summary
The petitioners, Md. Sharif and Md. Jawed, sought bail in a case registered under Sections 25(1-AA) and 35 of the Arms Act, where a country‑made pistol and a partially manufactured part were allegedly recovered from a joint house. The prosecution alleged that the weapons were found beneath the earth in the house, while the petitioners claimed innocence, alleging false implication and a revenge motive by the informant. They also contended that the seizure did not comply with Section 105 of the BNSS and that no weapons were found in their possession. The State opposed the bail application. After hearing both sides, the Court found merit in the petitioners' arguments and ordered that they be released on bail upon furnishing a bond of Rs. 10,000 with two sureties each.
Issues considered
- Whether bail should be granted to the accused under the Arms Act offences.
- Whether the seizure of the alleged weapons complied with Section 105 of the BNSS.
- Whether the petitioners' criminal antecedents affect the grant of bail.
Legislation cited
Subjects
- bail
- Arms Act
- seizure
- Section 105
- judicial custody
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13580 of 2026
Arising Out of PS. Case No.-203 Year-2025 Thana- GOGRI District- Khagaria
======================================================
1. Md. Sharif S/o Md. Jahangir @ Shekh Jahangir R/o Village - Itahari, Ward
No. 02, P.S - Gogari, District - Khagaria
2. Md. Jawed @ Jawed S/o Md. Jahangir @ Shekh Jahangir R/o Village -
Itahari, Ward No. 02, P.S - Gogari, District - Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kishore Bharti, Advocate
For the Opposite Party/s : Mr. Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Gogari P.S. Case No. 203 of 2025 registered for the offence
punishable under Sections 25(1-AA), 35 of the Arms Act.
3. The case of the prosecution, in short, is that from the
joint house of these petitioners below the earth, country-made
pistol and a half-manufactured part of the pistol were recovered.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. He also submits that the informant of this case has filed this
case in revenge, as he has filed a case against petitioner no. 1
Patna High Court CR. MISC. No.13580 of 2026(2) dt.12-03-2026
2/2
while he was in custody, and due to that, he was suspended. He
also submits that nothing has been recovered from the possession
of these petitioners. The witnesses of the seizure list are police
personnel and the police has not complied with Section 105 of the
BNSS while making the seizure. He further submits that a
statement has been made in para 3 of the petition that petitioner
no. 2 has got no criminal antecedent whereas petitioner no. 1
has criminal antecedent of one case. Petitioners are languishing
in judicial custody since 16.08.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Judicial Magistrate, 1st Class, Khagaria in connection with Gogari
P.S. Case No. 203 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.