Patna High Court
Shahbaz Khan @ Shahbaj KhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
Shahbaz Khan was arrested in connection with a case registered under Sections 25(1‑b)a, 26 and 35 of the Arms Act for allegedly possessing a pistol, two magazines and ten live cartridges. The petitioner contended that nothing was recovered from him and that the police seizure violated Section 105 of the Bihar National Security Act, also asserting that he has no prior criminal record and has been in judicial custody since 2 March 2026. The State opposed the bail application. After hearing both sides, the Patna High Court found merit in the petitioner's arguments regarding procedural lapses and lack of antecedents, and ordered that bail be granted on a bond of Rs.10,000 with two sureties. The order directs compliance with the Additional Chief Judicial Magistrate‑XI, Vaishali at Hajipur.
Issues considered
- Whether bail should be granted to the accused under the Arms Act despite alleged seizure irregularities and lack of criminal antecedent.
Legislation cited
- Arms Act — s. 25(1‑b)a, 26, 35
- Bihar National Security Act — s. 105
Subjects
- bail
- Arms Act
- seizure procedure
- Section 105 BNSS
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34684 of 2026
Arising Out of PS. Case No.-80 Year-2026 Thana- DESARI District- Vaishali
======================================================
Shahbaz Khan @ Shahbaj Khan S/o Asfak Khan @ Ashfaq Khan R/o Village
- Sultanpur, P.S - Desari, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate.
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Desari P.S. Case No.80 of 2026 registered for the offence
punishable under Sections 25(1-b)a, 26 & 35 of the Arms Act.
3. The case of the prosecution, in short, is that one
country made pistol along with two magazines and 10 live
cartridges were recovered from the possession of the petitioner.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of the petitioner. Learned counsel for the
petitioner has further submitted that the witnesses of the seizure
list are police personnel and police have not complied Section
105 of the BNSS while making seizure. Learned counsel for the
Patna High Court CR. MISC. No.34684 of 2026(2) dt.20-05-2026
2/2
petitioner has further submitted that the petitioner is having no
criminal antecedent and he is in judicial custody since
02.03.2026.
5. The application for bail is opposed by learned
APP for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Additional Chief Judicial Magistrate-XI, Vaishali at Hajipur in
connection with Desari P.S. Case No.80 of 2026.
(Ashok Kumar Pandey, J)
khushbu/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.