Patna High Court
Md. Illiyash AnsariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, finding insufficient direct evidence to justify continued detention.
Summary
Petitioner Md. Illiyash Ansari was arrested in connection with a case involving the illegal possession of a rifle and live cartridges, alleged under Sections 25(1‑B)a, 26 and 35 of the Arms Act. The prosecution’s case relied on the recovery of the weapon from the house of co‑accused Md. Aamir Alam and on statements of another co‑accused, Md. Iqbal, who claimed the petitioner supplied the arms. The petitioner contended that no weapon was found in his possession, that the only link to him was the confessional statements of co‑accused, and that he had no prior criminal record. He also pointed to a similar bail order granted to Aamir Alam in Cr. Misc. No. 9304 of 2026. After hearing both sides, the Court found the lack of direct evidence against the petitioner sufficient to justify bail and ordered his release on a bond of Rs.10,000 with two sureties. The bail order was directed to be complied with before the Chief Judicial Magistrate, Gaya.
Issues considered
- Whether the petitioner is entitled to bail despite the prosecution’s reliance on co‑accused confessional statements.
- Whether the lack of material directly linking the petitioner to the arms justifies granting bail under the Arms Act provisions.
- Whether the petitioner poses a flight risk or threat to public safety warranting denial of bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
Subjects
- bail
- Arms Act
- confessional statements
- co‑accused
- judicial custody
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21351 of 2026
Arising Out of PS. Case No.-583 Year-2025 Thana- BELAGANJ District- Gaya
======================================================
Md. Illiyash Ansari S/o- Farchand Mian R/v- Asrafpur Ps- Belaganj Dist-
Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate.
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 01-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Belaganj P.S. Case No. 583 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 one Md. Aamir Alam, one regular rifle and sixteen
live cartridges were recovered. On being asked, Iqbal disclosed
that the petitioner has supplied him the arms and ammunition.
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. He further submits that Md. Iqbal disclosed that he had
obtained the arms from Aamir Alam. It is submitted that both
Patna High Court CR. MISC. No.21351 of 2026(3) dt.01-07-2026
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Md. Iqbal and Aamir Alam gave their confessional statements,
in which the name of the present petitioner has surfaced. It is
further alleged that, on the disclosure made by the petitioner,
one butt was recovered from the house of one Samim Ansari.
5. Learned counsel for the petitioner further submits
that nothing has been recovered from the conscious possession
of the petitioner. Save and except the confessional statements of
the co-accused, there is no material on record to connect the
petitioner with the alleged offence. He further submits that a
similarly situated co-accused, namely, Aamir Alam, has been
granted bail by this Court vide Cr. Misc. No. 9304 of 2026. The
case of the present petitioner stands on better footing. Moreover,
a statement has been made in para 3 of the petition that
petitioner has no criminal antecedent and he is languishing in
judicial custody since 13.10.2025.
6. The application for bail is opposed by learned APP
for the State.
7. 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
Patna High Court CR. MISC. No.21351 of 2026(3) dt.01-07-2026
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of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Gaya in connection with Belaganj P.S. Case
No. 583 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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