Patna High Court
Md Danish @ Md Faisal JawedversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Md Danish @ Md Faisal Jawed, was arrested in connection with a case under Sections 25(1‑B)(a), 26 and 35 of the Arms Act, where a pistol and live cartridges were recovered from co‑accused Aman Amir. The petitioner contended that he was merely a pillion rider, that no weapon was found on him, and that he has a clean antecedent, having been in custody since 16‑02‑2026. The State opposed bail, but the court noted that the incriminating items were recovered from the co‑accused and not from the petitioner. Considering the lack of direct evidence against him and his clean record, the court granted regular bail on a bond of Rs.10,000 with two sureties, subject to verification of his antecedent by the lower court. The order was made clear to be prima facie and not to affect the merits of the trial.
Issues considered
- Whether regular bail should be granted to the petitioner despite the Arms Act charges, given that the seized weapon was recovered from a co‑accused and no material was found on the petitioner.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
Subjects
- bail
- Arms Act
- regular bail
- clean antecedent
- co‑accused
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22012 of 2026
Arising Out of PS. Case No.-66 Year-2026 Thana- RAJNAGAR District- Madhubani
======================================================
Md Danish @ Md Faisal Jawed s/o Jawed Akhtar Village- Garaul, P.S.-
Alinagar, Distt.- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Kumar Ojha
For the Opposite Party/s : Mr. Shyam Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Rajnagar P.S. Case No. 66 of 2026 registered for the offence
under Section(s) 25(1-B) a, 26 and 35 of the Arms Act.
3. As per the prosecution case, a pistol along with
three live cartridges were recovered from the co-accused Aman
Amir.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 16.02.2026 and claims clean
antecedent. He further submits that nothing has been recovered
from the petitioner rather the recovery has been made from the
co-accused Aman Amir and the petitioner was a pillion rider on
Patna High Court CR. MISC. No.22012 of 2026(2) dt.08-04-2026
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the vehicle.
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 recovery has been
made from the co-accused and not from the petitioner, this
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 Rajnagar P.S. Case
No. 66 of 2026 subject to conditions that:-
(i). At the time of accepting the
bail bonds of the petitioner, the Court below
shall verify the fact whether the petitioner
has clean antecedent or not. If it is found
that the petitioner has clean antecedent then
only his bail bonds shall be accepted by the
Court below. However, it is made clear that
the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed
for purpose of or in the name of verification.
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
Patna High Court CR. MISC. No.22012 of 2026(2) dt.08-04-2026
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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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