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Patna High Court

Md. Himayu @ Md. Hemayu @ Md. HumayunversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • Arms Act — s. 25(1-A), 25(1)(a), 25(1-AA), 25(1)(b), 25(1-B)a, 26, 35
  • B.N.S. — s. 111, 61(2)

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
                                            2/3




          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
                                                       3/3




                     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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