Patna High Court
Md. Abdullah @ Md. AbdullaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to specified conditions.
Summary
The petitioner, Md. Abdullah, was charged under Sections 25(1-b)a, 25(1-AA), 26 and 35 of the Arms Act in Naya Bhojpur P.S. Case No. 2 of 2024 and had been in custody since September 2024. After a prior bail order was stayed because verification revealed an antecedent case (Kharik (Bhagalpur) P.S. Case No. 247 of 2023), the petitioner filed a third regular bail application. The court, after hearing counsel for both sides, found no merit in the opposition and allowed the bail application. Bail was granted on a bond of Rs.10,000 with two sureties, subject to monthly police‑station attendance, cooperation in trial, and verification of criminal antecedents. The order expressly limited its observations to the bail application and did not prejudice the trial on the merits.
Issues considered
- Whether regular bail can be granted to the petitioner despite the existence of a prior criminal antecedent.
- Whether the conditions imposed by the court satisfy the requirements under the Arms Act and the Code of Criminal Procedure for bail.
- Whether verification of antecedents is necessary before accepting bail bonds.
Legislation cited
- Arms Act — s. 25(1-AA), 25(1-b)a, 26, 35
Subjects
- bail
- Arms Act
- criminal antecedents
- regular bail
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31494 of 2026
Arising Out of PS. Case No.-2 Year-2024 Thana- Naya Bhojpur District- Buxar
======================================================
Md. Abdullah @ Md. Abdulla S/o- Late Md. Shamim Resident of Hazratganj
Bara PS -Kasim Bazar Munger Dist- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manendra Kumar Sinha
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 14-05-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 3rd attempt of the petitioner for regular
bail in connection with Naya Bhojpur P.S. Case No. 2 of 2024
registered for the offence under Sections 25(1-b)a, 25(1-AA),
26, 35 of the Arms Act.
3. Earlier, the petitioner was granted bail by this Court
in Cr. Misc. No. 66208 of 2025 vide order dated 09.01.2026.
The petitioner had claimed clean antecedents and on that basis,
this Court had directed verification of antecedents at the time of
furnishing bail bonds. Upon verification, the petitioner was
found involved in one case, namely Kharik (Bhagalpur) P.S.
Case No. 247 of 2023 and due to the said fact, the bail bonds of
the petitioner were not accepted.
Patna High Court CR. MISC. No.31494 of 2026(2) dt.14-05-2026
2/3
4. Learned counsel for the petitioner submits that
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 01.09.2024.
5. Learned A.P.P. has vehemently opposed the prayer
for bail.
6. Considering the aforesaid facts and circumstances
and the period of custody, this application for regular bail is
allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand)with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Naya Bhojpur P.S.
Case No. 02 of 2024 subject to condition that:-
(i). The petitioner will mark his
attendance at the Kasim Bazar Police
Station on the first Sunday of each month.
Any default in appearance at the Police
Station would result in cancellation of bail
bond of the petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
(iii) Before accepting the bail
bonds of the petitioner, the court below shall
Patna High Court CR. MISC. No.31494 of 2026(2) dt.14-05-2026
3/3
verify the petitioner’s criminal antecedents.
If it is found that the petitioner has any
criminal antecedents other than Kharik
(Bhagalpur) P.S. Case No. 247 of 2023, the
bail bonds shall not be accepted. However, if
the petitioner is found to have only one
criminal antecedent, namely Kharik
(Bhagalpur) P.S. Case No. 247 of 2023, the
bail bonds shall be accepted by the court
below.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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