Created by Fuzzy Cloud

Patna High Court

Md. SadrulversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner, subject to monetary bond, sureties and conditions, as the recovery was not from his possession and his antecedents did not preclude bail.

Summary

The petitioner, Md. Sadrul, was charged under Sections 25(1‑B)a, 25(1)a, 26(2) and 35 of the Arms Act for alleged illegal manufacture of firearms, with a large cache of pistols recovered from a basa belonging to Guddu Yadav, not from the petitioner’s possession. The petitioner contended that he was wrongfully implicated, had been in custody since 23‑07‑2025, and that his only prior convictions were unrelated to the Arms Act. The State opposed bail, citing the seriousness of the offences. The Court considered the fact that the seized weapons were not found on the petitioner, his custody period, and his limited criminal antecedents, and consequently allowed regular bail subject to a Rs.10,000 bond, two sureties, and conditions regarding trial attendance and verification of antecedents. The order expressly limited its observations to the bail application and did not prejudice the trial.

Issues considered

  • Whether regular bail should be granted to the accused under the Arms Act when the seized weapons were recovered from a third party’s premises and not from his possession.
  • Whether the petitioner’s prior criminal antecedents, unrelated to the Arms Act, bar the grant of bail.

Legislation cited

  • Arms Act — s. 25(1)a, 25(1-B)a, 26(2), 35

Subjects

  • regular bail
  • Arms Act
  • illegal arms manufacturing
  • criminal antecedents
  • high court
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14881 of 2026
                      Arising Out of PS. Case No.-111 Year-2025 Thana- MORKAHI District- Khagaria
                 ======================================================
                 Md. Sadrul Son of Late Abdul Qayum R/O Village - Mirjapur, Bardah, P.S.-
                 Muffasil, District - Munger.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. P.N. Shahi, Sr. Advocate
                                                  Ms. Priyanka Singh, Advocate
                 For the Opposite Party/s :       Mr. Ram Sumiran Rai
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   13-05-2026                   Heard the learned Senior Counsel for the petitioner

                   and learned APP for the State.

                                 2. The petitioner seeks regular bail in connection with

                   Morkahi P.S. Case No. 111 of 2025 registered for the offence

                   under Section(s) 25(1-B)a, 25(1)a, 26(2) and 35 of the Arms

                   Act.

                                 3. As per the prosecution case, a large quantity of

                   pistols/weapons, weapon-making materials, and equipment were

                   recovered from a Basa located in Bhaiyar, where they were

                   allegedly being illegally manufactured by the petitioner and

                   other co-accused persons. The petitioner was caught red-handed

                   at the spot. However, the recovery of the three pistols was made

                   from the Basa of one Guddu Yadav and not from the possession
Patna High Court CR. MISC. No.14881 of 2026(3) dt.13-05-2026
                                            2/3




          of the petitioner. The petitioner was arrested while allegedly

          fleeing from the spot.

                       4. Learned Senior Counsel for the petitioner submits

          that the petitioner is innocent and has not committed any

          offence. The petitioner is in custody since 23.07.2025. It is

          further submitted that the recovery was made from the Basa of

          Guddu Yadav, and the petitioner has been wrongfully implicated

          in the present case. He further submits that the petitioner has

          two criminal antecedents, but none of the antecedents are under

          the Arms Act.

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

          opposed the prayer for bail.

                       6. Considering the aforesaid facts and circumstances,

          the period of custody, and the fact that the alleged recovery was

          made from the Basa of Guddu Yadav and not from the

          possession of the petitioner, the present application for regular

          bail is allowed.

                       7. Accordingly, let the petitioner, above named, be

          released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor Court in connection with Morkahi P.S. Case
            Patna High Court CR. MISC. No.14881 of 2026(3) dt.13-05-2026
                                                        3/3




                      No. 111 of 2025 subject to conditions that:-

                                                         (i). The petitioner shall appear in
                                              the trial regularly either personally or
                                              through his lawyer and shall cooperate in
                                              the trial and non-cooperation in the trial
                                              shall result in cancellation of the bail bond
                                              of the petitioner.
                                                         (ii) Before accepting the bail
                                              bonds of the petitioner, the court below shall
                                              verify the petitioner’s criminal antecedents.
                                              If it is found that the petitioner has any
                                              criminal antecedent other than Mufassil P.S.
                                              Case No. 167 of 2019 and Mufassil P.S.
                                              Case No. 292 of 2012, the bail bonds shall
                                              not be accepted. However, if the petitioner is
                                              found to have only the aforesaid two
                                              criminal antecedents, namely Mufassil P.S.
                                              Case No. 167 of 2019 and Mufassil P.S.
                                              Case No. 292 of 2012, the bail bonds shall
                                              be accepted by the court below.
                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.