Patna High Court
MD. MUNAAFversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail, holding that the co‑accused’s mere suspicion does not constitute prima facie evidence of guilt.
Summary
The petitioner, Md. Munaaf, was named in an FIR for alleged violations of Sections 25(1‑b)a, 26 and 35 of the Arms Act, based solely on the disclosure of a co‑accused who claimed the petitioner was involved in a theft and possession of a country‑made pistol and cartridges. The petitioner contended that the co‑accused’s statement was made out of personal enmity and that there was no material evidence linking him to the offences. The State opposed bail, arguing the seriousness of the arms offences. The Court examined the material and found that, apart from the co‑accused’s suspicion, there was no prima facie incriminating evidence against the petitioner. Consequently, the Court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to verification of his criminal antecedent and compliance with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- What is the adequacy of the co‑accused’s disclosure as a basis for granting or denying bail in offences under the Arms Act?
- Whether the petitioner is entitled to bail when only suspicion, and no substantive evidence, exists against him.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Subjects
- bail
- Arms Act
- suspicion
- co‑accused testimony
- prima facie evidence
- Section 438
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27094 of 2026
Arising Out of PS. Case No.-558 Year-2025 Thana- SUGAULI District- East Champaran
======================================================
Md. Munaaf Son of Sk. Allaudin Resident of Vill.- Ward No. 3, Majhaulia,
P.S.- Majhaulia, Dist.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Narayan, Adv
: Mr. Sangeet Deokuliar, Adv
For the Opposite Party/s : Mr. Anil Kr. Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 28-04-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Sugauli P.S. Case
No. 558 of 2025 registered for the offences punishable
under Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. As per FIR, apprehended co-accused person
disclosed the name of this petitioner that this petitioner was
also involved in committing theft with him. As per FIR one
country-made pistol along with two live cartridges recovered
from the possession of apprehended co-accused Bittu Mian.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that name of petitioner transpired on
the basis of suspicion out of disclosure made by
Patna High Court CR. MISC. No.27094 of 2026(2) dt.28-04-2026
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apprehended co-accused person before police. It is
submitted that petitioner and apprehended co-accused are
the resident of same village and due to neighborhood
disputes and differences arising out of local issues,
apprehended co-accused named this petitioner without
having any connecting material and moreover disclosure
made before police have no sanctity under the law. While
concluding argument, it is submitted that petitioner is a man
of clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as prima-facie save and except suspicion
out of disclosure made by apprehended co-accused person
before police, prima-facie nothing incriminating appears
against petitioner, accordingly petitioner above-named, in
the event of his arrest or surrender before the court below
within a period of four weeks, is directed to be released on
bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned CJM Motihari, East
Patna High Court CR. MISC. No.27094 of 2026(2) dt.28-04-2026
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Champaran/concerned Court, where the case is pending in
connection with Sugauli P.S. Case No. 558 of 2025, subject
to the conditions as laid down under Section 438(2) of the
Cr.P.C/ Section 482(2) of BNSS with further condition:-
(a). Learned trial court is directed to
verify the criminal antecedent of
petitioner and, if he is found
involved in any criminal case
contrary to the submission as
advanced aforesaid, bail of
petitioner shall not be accepted.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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