Patna High Court
Md. SadareversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner, directing release on a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the B.N.S.S.
Summary
The petitioner, Md. Sadare, was arrested in connection with a alleged dacoity and charged under Sections 310(4) and 310(5) of the Bihar Narcotic Substances Act, 2023 and Sections 25(1‑B)(a), 26 and 35 of the Arms Act. The prosecution claimed that secret information led to the seizure of a firearm, ammunition, a live cartridge and a mobile phone from co‑accused, but nothing incriminating was recovered from the petitioner himself. The petitioner’s counsel argued that he was falsely implicated, had a clean antecedent, and that two co‑accused had already been granted regular bail. The State opposed bail, citing the seriousness of the offences. Considering the lack of direct evidence against the petitioner, the grant of bail to co‑accused, and the submission of a chargesheet, the Court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and other standard bail conditions.
Issues considered
- What is the appropriateness of granting bail to the petitioner under Sections 310(4), 310(5) of the B.N.S., 2023 and the Arms Act in view of the alleged dacoity?
- Whether the absence of direct incriminating material on the petitioner justifies bail despite the seriousness of the charges?
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bihar Narcotic Substances Act — s. 310(4), 310(5), 480(3)
Subjects
- bail
- criminal procedure
- dacoity
- Arms Act
- Bihar Narcotic Substances Act
- suspicion
- chargesheet
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30401 of 2026
Arising Out of PS. Case No.-235 Year-2025 Thana- PANDAUL District- Madhubani
======================================================
Md. Sadare S/o Md. Moti, Resident of Village- Sarhad, P.S.- Pandaul,
District- Madhubani.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Subhash Kumar Jha, Advocate
For the State : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Pandaul P.S. Case No. 235 of 2025 (G.R. No.
259 of 2025, STR No. 47 of 2026), dated 11.10.2025, registered
for the offences punishable under Sections 310(4) and 310(5) of
the B.N.S., 2023 and Sections 25(1-B)(a), 26 and 35 of the
Arms Act.
3. As per the prosecution case, Police received
secret information about assembly of some miscreants in
preparation of committing dacoity. The petitioner along with
two other co-accused persons was apprehended and four co-
accused persons fled away from the spot. From possession of
this petitioner, recovery of a country made katta loaded with one
live cartridge and mobile phone was made. Further recovery of
Patna High Court CR. MISC. No.30401 of 2026(2) dt.11-05-2026
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fire-arm and ammunition was made from the co-accused
Abhishek Kumar Jha.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and he has falsely
been implicated in the present case merely on the basis of
suspicion. Otherwise, nothing incriminating has been recovered
from person or possession of the petitioner. Co-accused persons,
namely Ashish Thakur and Abhishek Kumar Jha have been
granted regular bail by different co-ordinate Benches of this
Court vide orders dated 28.01.2026 and 07.05.2026 passed in
Cr. Misc. No. 4664 of 2026 and Cr. Misc. No. 29301 of 2026
respectively. Learned counsel next submits that petitioner is
having clean antecedent and chargesheet has been submitted.
Learned counsel lastly submits that petitioner is in custody since
02.10.2025.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of allegation and also considering the grant of regular
bail to other co-accused persons and further considering the
submission of chargesheet and period of custody of the
Patna High Court CR. MISC. No.30401 of 2026(2) dt.11-05-2026
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petitioner, the petitioner, above-named, is directed to be released
on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of learned District and Additional Sessions Judge-II,
Madhubani / concerned Court, in connection with Pandaul P.S.
Case No. 235 of 2025 (G.R. No. 259 of 2025, STR No. 47 of
2026), subject to the condition laid down under Section 480(3)
of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
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