Patna High Court
Md. Himayu @ Md. Hemayu @ Md. HumayunversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Md. Himayu, a student, was arrested in connection with a seizure of illegal arms from a motorcycle on 8 September 2025, where a co‑accused named Md. Munna was found with two bags containing a semi‑automatic pistol and a mobile phone. The petitioner was the driver of the motorcycle, but no arms or other incriminating items were recovered from his personal possession, and he claims he has been falsely implicated. He had been in custody since 9 September 2025 and filed an application for regular bail, asserting lack of antecedent criminal record and willingness to cooperate with the trial. The State opposed the bail, citing the seriousness of the offences under Sections 111 and 61(2) of the B.N.S. and multiple sections of the Arms Act. The Court, after considering the facts, the period of custody, and the petitioner’s clean antecedent, ordered that bail be granted on a bond of Rs 10,000 with two sureties, subject to conditions of regular appearance in court. The application was allowed, and the bail may be cancelled if the petitioner fails to appear on two consecutive dates or commits a similar offence in the future.
Issues considered
- Whether regular bail should be granted to the petitioner accused under Sections 111 and 61(2) of the B.N.S. and Sections 25(1)(a), 25(1)(b), 25(1‑A), 25(1‑AA), 25(1‑B)a, 26 and 35 of the Arms Act.
Legislation cited
Subjects
- bail
- regular bail
- arms seizure
- Arms Act
- B.N.S.
- criminal procedure
- student accused
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2918 of 2026
Arising Out of PS. Case No.-109 Year-2025 Thana- Pothia District- Katihar
======================================================
Md. Himayu @ Md. Hemayu @ Md. Humayun S/o Md. Sanno @ Shamim
Ahamad R/o Village - Rajdhani, Ward No. 13, P.S - Falka, District - Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 02-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Pothia P.S. Case No. 109
of 2025 dated 08.09.2025 registered for the offences punishable
under Sections 111 and 61(2) of B.N.S. and Sections 25(1)(a),
25(1)(b), 25(1-A), 25(1-AA), 25(1-B)a, 26 and 35 of Arms Act.
3. As per the allegation on confidential information
that consignment of illegal arms is being carried on motorcycle,
two persons seated on a motorcycle, were intercepted who
disclosed their names as Md. Munna, co-accused and this
petitioner. The petitioner is stated to have been driving the
motorcycle and co-accused Md. Munna was found to be seated
as a pillion rider and from the two bags some semi made pistol
Patna High Court CR. MISC. No.2918 of 2026(4) dt.02-04-2026
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were recovered and from this petitioner a mobile phone was
recovered.
4. Learned counsel for the petitioner has submitted
that petitioner is student and he has falsely been implicated in
this case. Nothing has been recovered from the conscious
possession of this petitioner and there is no antecedent against
this petitioner which is be also evident from the antecedent
report submitted by the Superintendent of Police, Katihar.
Moreover, charges have been framed in this case and he
undertakes to co-operate in the trial and further submitted that
this petitioner is in custody since 09.09.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
as well as the period of custody, the petitioner above-named is
directed to be enlarged on bail on furnishing bail-bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Court concerned,
Katihar in connection with Pothia P.S. Case No. 109 of 2025.
7. It is directed that the petitioner shall co-operate in
the trial and be represented on each and every date in the trial
and if he fails to do so on two consecutive dates, the trial court
Patna High Court CR. MISC. No.2918 of 2026(4) dt.02-04-2026
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would be at liberty to cancel the bail bonds of the petitioner.
8. It is further directed that if the petitioner gets
involved himself in similar nature of offence in future, the State
would be at liberty to file application for cancellation of his bail
bonds.
9. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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