Patna High Court
Md. Danish @ DanishversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Md. Danish, sought bail in a case registered as Bypass P.S. No.402 of 2025 for alleged offences under Sections 25(1‑B)a, 26 and 35 of the Arms Act. The prosecution alleged that a pistol and four live cartridges were recovered from the house of Raj Kumari Devi and that Chhotu Kumar testified that the petitioner had supplied the arms. The petitioner contended that he was falsely implicated, that no arms were recovered from his possession, and that the seizure was made from the house of Chhotu Kumar’s sister. He also highlighted his pending criminal antecedent in another case for which he was already on bail and his custody since 9 Oct 2025. After hearing both sides, the court considered the nature of the offence, the lack of direct recovery from the petitioner, and his cooperation, and decided to enlarge bail on a bond of Rs 10,000 with two sureties. The order directed the petitioner to appear before the J.M.F.C., Patna City.
Issues considered
- Whether bail can be granted in a case involving alleged possession of illegal arms under Sections 25(1‑B)a, 26 and 35 of the Arms Act
- Whether the petitioner’s prior criminal antecedent and custodial status affect the grant of bail
- Whether the prosecution’s evidence linking the petitioner to the seized weapons is sufficient to deny bail
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
Subjects
- bail
- Arms Act
- illegal weapons
- criminal procedure
- pre‑trial detention
- surety bond
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17807 of 2026
Arising Out of PS. Case No.-402 Year-2025 Thana- BYPASS District- Patna
======================================================
Md. Danish @ Danish, Son of Md. Alim @ Mohammad Alimuddin, R/o Jama
Masjid Near Noon Ka Chauraha, P.S. - Khajekala, Dist. - 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. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Bypass P.S. Case No. 402 of 2025 registered for the
offence punishable under Sections 25(1-B)a, 26 and 35 of the
Arms Act.
3. The case of the prosecution, in short, is that from
the house of Raj Kumari Devi, one country made pistol and four
live cartridges were recovered. On being asked, Chhotu Kumar
disclosed that the petitioner has given those arms to him.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Nothing has been recovered from his possession. He has
Patna High Court CR. MISC. No.17807 of 2026(2) dt.23-03-2026
2/2
no concern with the alleged recovery. It has further been
submitted that from perusal of the seizure list it is clear that the
recovery was made from the house of sister of Chhotu Kumar.
Petitioner is having criminal antecedent of one case in which he
is on bail. He is languishing in judicial custody since 09.10.2025
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
J.M.F.C., Patna City in connection with Bypass P.S. Case No.
402 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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