Patna High Court
Md. SadrulversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
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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
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