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Patna High Court

Md. Rustam AnsariversusThe State of Bihar

Decided
Disposal
BAIL REJECTED
Bench
ANSUL

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Md. Rustam Ansari, was arrested after police raided his house and seized 32 machine tools allegedly used for manufacturing firearms and an unregistered automobile. He sought bail for offenses under Sections 25(1‑b), 25(1)(a), 25(1‑AA) and 35 of the Arms Act. The petitioner claimed the tools were for legitimate engineering work and asserted innocence, while the prosecution highlighted the seized equipment, the petitioner’s prior similar criminal antecedent, and incriminating statements from his wife and a co‑accused. The court, considering the seriousness of the alleged arms manufacturing and the petitioner’s past record, declined to grant bail. It directed the trial court to expedite the trial and clarified that its observations were only prima facie for the bail application.

Issues considered

  • Whether bail should be granted to the accused under the Arms Act given the nature of the alleged offenses and the presence of seized manufacturing equipment.
  • Whether the petitioner’s prior criminal antecedent and statements of co‑accused and spouse justify denial of bail.

Legislation cited

  • Arms Act — s. 25(1)(a), 25(1-AA), 25(1-b), 35

Subjects

  • Arms Act
  • bail
  • illegal arms manufacturing
  • criminal antecedent
  • seizure of tools
  • trial expedite

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34065 of 2026
                        Arising Out of PS. Case No.-566 Year-2025 Thana- JHAJHA District- Jamui
                 ======================================================
                 Md. Rustam Ansari Son of Md. Samsuddin Ansari @ Md. Samsuddin,
                 Resident of Village- Paharpur, P.S.- Jhajha, District- Jamui.
                                                                                  ... ... Petitioner
                                                      Versus
                 The State of Bihar
                                                                           ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rabindra Kumar, Advocate
                 For the Opposite Party/s :       Mr. Pawan Kumar Chaurasia, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   20-05-2026                     The matter was heard via video conferencing

                   mode.

                                   2. Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                   3. The petitioner seeks bail in connection with

                   Jhajha P.S. Case No. 566 of 2025 registered for the offences

                   punishable under Sections 25(1-b), 25(1)(a), 25(1-AA) and 35

                   of the Arms Act.

                                   4. As        per    prosecution        case,    on     receiving

                   information about arms and ammunition being manufactured in

                   the house of the petitioner, the Police party raided the house of

                   the petitioner and apprehended him. A search was conducted

                   and 32 machine tools for manufacturing fire-arms were

                   recovered from one room of petitioner’s house along with one

                   Ape Xtra Deluxe Auto which was without registration number.
Patna High Court CR. MISC. No.34065 of 2026(2) dt.20-05-2026
                                            2/3




                          5. Learned counsel for the petitioner submits that

          petitioner is innocent and he has falsely been implicated in the

          present case. The petitioner runs a shop of engineering works in

          his house and the said machine/tools which have been seized by

          the Police are used for genuine work and are not used for illegal

          works or for manufacturing incriminating articles. Learned

          counsel lastly submits that petitioner has one criminal

          antecedent and he is in custody since 12.02.2026 in the present

          case, although he is in jail since 29.11.2025 in connection with

          Surajgarha P.S. Case No. 323 of 2025.

                          6. Learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for bail of the

          petitioner and submits that various machine tools for

          manufacturing fire-arms were recovered from the house of the

          petitioner. He further submits that petitioner has one criminal

          antecedent of similar nature. In paragraph no. 8 of the case

          diary, the wife of the petitioner has herself stated that in the

          night her husband with the help of a worker used to make

          something illegal in a room. The co-accused Rafiq also revealed

          that both of them were jointly engaged in the illegal

          manufacturing of arms.

                          7. Considering the nature of allegation and also
          Patna High Court CR. MISC. No.34065 of 2026(2) dt.20-05-2026
                                                      3/3




                    considering the previous criminal antecedent of the petitioner

                    which is of similar nature, this Court is not inclined to grant bail

                    to the petitioner.

                                    8. Accordingly, the prayer for bail of the petitioner

                    stands rejected.

                                    9. Learned trial Court is directed to expedite and

                    conclude the trial at the earliest.

                                    10. 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 observation

                    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.


                                                                         (Ansul, J)

Shahnawaz/-

U     T


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