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Patna High Court

Ashique @ Md. AshiqueversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to monetary bond and procedural conditions.

Summary

The petitioner, Ashique, sought bail in a case under Sections 25(1‑B)(a), 26 and 35 of the Arms Act where a pistol and live cartridge were recovered from co‑accused. The petitioner claimed innocence, arguing that no arms were found in his possession and that the only link to him was a confessional statement of a co‑accused, which he contended lacked evidentiary value. The State opposed bail, citing the seriousness of the offence and the petitioner’s four prior criminal antecedents. The Court considered the lack of direct material against the petitioner, the period of custody already served, and the fact that another co‑accused had been granted bail. Accordingly, the Court granted bail on a cash bond of Rs. 15,000 with two sureties, subject to conditions of appearance, non‑tampering with evidence, and non‑intimidation of witnesses.

Issues considered

  • Whether bail should be granted to the petitioner in a case under the Arms Act despite the seriousness of the offence and his prior criminal antecedents
  • Whether the confessional statement of a co‑accused provides sufficient basis to deny bail
  • Whether compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is required for bail

Legislation cited

Subjects

  • bail
  • Arms Act
  • Section 103
  • confessional statement
  • criminal antecedents
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14255 of 2026
                         Arising Out of PS. Case No.-149 Year-2025 Thana- SARSI District- Purnia
                 ======================================================
                 Ashique @ Md. Ashique Son of Md. Rashul Resident of Village and P.S.-
                 Sarsi, District- Purnea
                                                                       ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Nishant Kumar Sinha, Advocate
                 For the Opposite Party/s :        Mr.Umeshanand Pandit, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   25-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Sarsi

                   P.S. Case No. 149 of 2025, instituted for the offences punishable

                   under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

                                3. The prosecution case, in short, is that one country

                   made pistol along with one live cartridge has been recovered

                   from the possession of co-accused persons.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The name of the

                   petitioner surfaced in this case on the confessional statement of

                   co-accused Md. Samim, which has no evidentiary value in the
Patna High Court CR. MISC. No.14255 of 2026(2) dt.25-02-2026
                                            2/3




          eye of law. Learned counsel for the petitioner also submits that

          no any arms have been recovered from the possession of the

          petitioner rather the same has been recovered from the

          possession of other co-accused persons. It is further submitted

          that the petitioner has got no concern with the alleged recovery

          of arms. The petitioner is in custody since 30.10.2025 and has

          got four criminal antecedent. Learned counsel for the petitioner

          further submits that other co-accused has been granted bail by

          of this Bench vide order dated 12.01.2026 passed in Cr. Misc.

          No. 88367 of 2025. There is no compliance of Section 103 of

          the Bharatiya Nagarik Suraksha Sanhita, 2023.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Sarsi P.S. Case No.

          149 of 2025, subject to the following conditions:
           Patna High Court CR. MISC. No.14255 of 2026(2) dt.25-02-2026
                                                       3/3




                                   (I) One of the bailors shall be the petitioner’s own or

                     close member.

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

                     fixed during the trial and shall not remain absent on two

                     consecutive dates without sufficient cause.

                                   (III) The petitioner shall not tamper with the

                     prosecution evidence or influence/intimidate any witness during

                     the course of trial.

                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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