Patna High Court
Md. Tavrez @ TammuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted regular bail to the petitioners.
Summary
The petitioners, three men from Munger district, were arrested in connection with a case of manufacturing country-made pistols and charged under several provisions of the Arms Act. They contended that they had no role in operating the alleged manufacturing unit and had visited the site innocently, without knowledge of the illicit activities. The prosecution opposed their bail application. The court noted that a co-accused had already been granted bail and considered the petitioners' claim of lack of participation. Accordingly, the High Court granted regular bail to all three petitioners upon furnishing a bail bond of Rs. 10,000 with two sureties each.
Issues considered
- Whether the petitioners are entitled to regular bail despite being charged under the Arms Act for alleged involvement in illegal arms manufacturing
- Whether the claim of lack of participation and the prior bail granted to a co-accused justify granting bail to the petitioners
Legislation cited
- Arms Act — s. 25(1)a, 25(1-b)a, 26(a), 26(b), 35
Subjects
- bail
- Arms Act
- illegal arms manufacturing
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35078 of 2026
Arising Out of PS. Case No.-169 Year-2025 Thana- Mufassil District- Khagaria
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1. Md. Tavrez @ Tammu, Aged about 40 years, male Son of Md. Mustaq
Resident of Village.- Mirzapur Bardah, P.S - Muffasil, District – Munger.
2. Md. Aftab @ Md. Aftab Alam, Aged about 42 years male Son of Late Md
Islam Resident of Village.- Mirzapur Bardah, P.S - Muffasil, District –
Munger.
3. Md. Wasim @ Wasim, Aged about 35 years, male Son of Late Md. Niayazu
Resident of Village.- Mirzapur Bardah, P.S - Muffasil, District – Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjiv Kumar Singh, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 21-05-2026 Heard the parties through virtual mode.
2. Petitioners seek regular bail in connection with
Mufassil P.S. Case No. 169 of 2025 registered for the offences
punishable under sections 25(1-b)a, 25(1)a, 26(a), 26(b) and 35
of the Arms Act.
3. As per prosecution case, petitioners along with co-
accused have been caught while manufacturing country-made
pistols.
Patna High Court CR. MISC. No.35078 of 2026(2) dt.21-05-2026
2/3
4. Learned counsel appearing for the petitioners
submits that the petitioners had no role in running the alleged
arms manufacturing unit and had gone to the said place bona
fidely, without having knowledge of the activities of the co-
accused persons. Learned counsel further submits that the
petitioners are languishing in jail since 02.12.2025. It is also
submitted that the recovery of the alleged equipment was made
from a Diara area on the bank of the Ganga River, which is an
open place accessible to anyone. It is next submitted that co-
accused has already been granted bail by the Co-ordinate Bench
of this Court vide order dated 26.03.2026 passed in Cr. Misc.
No. 20210 of 2026.
5. Learned APP for the State has opposed the prayer
of the petitioners.
6. In the facts and circumstances of this case, and
considering the statements made in the petition as well as the
above submissions that co-accused has already been granted bail
by the Co-ordinate Bench of this Court vide order dated
26.03.2026 passed in Cr. Misc. No. 20210 of 2026, this Court is
inclined to grant the relief of bail to the petitioners. Accordingly,
let the three petitioners named-above be released on regular bail
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
Patna High Court CR. MISC. No.35078 of 2026(2) dt.21-05-2026
3/3
each with two sureties of the like amount each to the satisfaction
of the Chief Judicial Magistrate, Khagaria in connection with
Mufassil P.S. Case No. 169 of 2025.
(Ramesh Chand Malviya, J)
Anand Kr
U T
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