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Patna High Court

Md Danish @ Md Faisal JawedversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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