Patna High Court
Mohammad Ehsan @ Md Ehsan @ AzamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail should be granted to the petitioner, subject to bond and surety conditions, with the power to cancel if he does not cooperate with the investigation.
Summary
The petitioner, Mohammad Ehsan, sought anticipatory bail after learning that he might be arrested in a case registered under Sections 25(1‑B)a, 26 and 35 of the Arms Act. The FIR alleged that during a Durga immersion ceremony, three accused arrived on a scooter, one brandishing a gun, and that Ehsan was later seized with a country‑made pistol, live cartridges and a mobile phone. Ehsan contended that he was not caught at the spot and that his name only appeared in the confessional statement of another accused, which he argued lacks evidentiary value. He also relied on a recent order granting anticipatory bail to a co‑accused, Shahnawaz Alam, to support his request. The State opposed the bail. The High Court, applying its inherent powers under Section 482(2) of the BNSS, granted anticipatory bail subject to a bond of Rs 10,000 with two sureties and a condition that bail may be cancelled if he fails to cooperate with the investigation.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under the Arms Act.
- Whether a confessional statement of a co‑accused can be the basis for arrest and denial of bail.
Legislation cited
Subjects
- anticipatory bail
- Arms Act
- confessional statement
- Section 482
- high court inherent powers
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18792 of 2026
Arising Out of PS. Case No.-693 Year-2025 Thana- KADAMKUAN District- Patna
======================================================
Mohammad Ehsan @ Md Ehsan @ Azam S/O Late Md. Naushad Resident of
Jamun Gali, Sabzibagah, P.S. Pirbahore, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shadab Akhter
For the Opposite Party/s : Mr.Pranav Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 25(1-B)a,
26 and 35 of the Arms Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and the informant alleges
that on 3-10-2025 at 5:30 pm, during immersion of goddess
Durga, three accused came on a scooty and the pillion rider was
seen waving a gun, the police chased when two accused fled and
Md. Ehsan was apprehended with a country-made pistol along
with six live cartridges and a mobile.
4. Learned counsel for the petitioner submits that
from perusal of the allegations as alleged in the FIR, it would
Patna High Court CR. MISC. No.18792 of 2026(2) dt.02-04-2026
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manifest that petitioner was not apprehended from the spot and
his name transpired in the confessional statement of
apprehended accused in police custody which does not have any
evidentiary value. It is next submitted that Shahnawaz Alam @
Aryan had approached this Court seeking anticipatory bail by
filing Cr. Misc No. 9559 of 2026 and the same came to be
allowed by an order dated 26-2-2026 passed by a learned Co-
ordinate Bench. It is further submitted that the name of
Shahnawaz like petitioner transpired in the confessional
statement of the apprehended accused. It is also submitted that if
privilege of anticipatory bail is granted to the petitioner,
petitioner will not abscond rather will cooperate in the
investigation to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
Patna High Court CR. MISC. No.18792 of 2026(2) dt.02-04-2026
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with Kadamkuan P.S. Case No. 693 of 2025, subject to the
conditions as laid down under Section 482 (2) of the BNSS.
7. One of the bailors of the petitioner shall be his
cousin brother, Mohammad Amin Uddin.
8. However, it is made clear that in the event, if the
Investigating Officer of the case files an application before the
learned trial court bringing to its notice that the petitioner,
despite giving assurance to this Court, is not cooperating in the
investigation, in that event, the learned trial court shall be at
liberty to cancel the bail bonds of the petitioner.
(Satyavrat Verma, J)
Sumit/-
U T
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