Patna High Court

Md. Hasnain @ Md. Husnain @ SK Hasanayan @ Md. HusainversusThe State of Bihar

Decided: 2 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied as the seriousness of the arms offences and the petitioner’s criminal antecedent warranted custody.

Summary

The petitioner, Md. Hasnain, was subject to a raid on 26 September 2025 at his residence in Pachpakdi, East Champaran, during which a large quantity of arms and ammunition was seized. He was charged under multiple provisions of the Arms Act (Sections 25(1‑B)A, 25(1‑A), 25(1‑AA), 25(1‑AAA), and 35) and also has a prior conviction under Section 392 of the IPC. Fearing arrest, the petitioner applied for anticipatory bail. The learned counsel argued that the bail should be granted despite the seriousness of the offences. The Court, after hearing both sides, held that the combination of the massive arms recovery and the existing criminal antecedent warranted denial of bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

Whether anticipatory bail can be granted to a person accused of offences under the Arms Act involving large quantities of weapons.
Whether a prior conviction under Section 392 IPC precludes the grant of anticipatory bail.

Legislation cited

Arms Act — s. 25(1-A), 25(1-AA), 25(1-AAA), 25(1-B)A, 35
Indian Penal Code — s. 392

Subjects

anticipatory bail
Arms Act
criminal antecedent
seizure of weapons
IPC 392
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2446 of 2026
                   Arising Out of PS. Case No.-153 Year-2025 Thana- Pachpakdi District- East Champaran
                 ======================================================
                 Md. Hasnain @ Md. Husnain @ SK Hasanayan @ Md. Husain S/o Late
                 Sheikh Wahidul @ Wahidul R/o Village - Saphi, P.S - Pachpakdi, District -
                 East Champaran

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajay Kumar Thakur, Mr. Ritwik Thakur,
                                                   Ms. Vaishnavi Singh, Advocates
                 For the Opposite Party/s :        Mr. Tarkeshwar Nath Thakur, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   02-02-2026                   Heard learned counsel for the petitioner and the State.

                                 2. Petitioner apprehends arrest in Pachpakri P. S. Case

                   No. 153 of 2025 registered for the offences punishable under

                   Section 25(1-B)A, 25(1-A), 25(1-AA), 25(1-AAA), 35 of Arms

                   Act.

                                 3. As per F.I.R., on 26.09.2025 a raid was conducted

                   at the house of this petitioner where huge quantity of arms and

                   ammunition were recovered. Petitioner has got one criminal

                   antecedent of Section 392 IPC.

                                 4. Considering huge quantity of recovery of arms and

                   ammunition and criminal antecedent, prayer for anticipatory bail
              Patna High Court CR. MISC. No.2446 of 2026(2) dt.02-02-2026
                                                          2/2




                        of the petitioner is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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