Patna High Court
Md Mohiuddin @ TarzanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner under its inherent powers under Section 482(2) of the CrPC.
Summary
The petitioner, Md Mohiuddin, was implicated in a case (Bahadurpur P.S. Case No. 346 of 2025) for alleged offences under Sections 25(1‑B)(a) and 26 of the Arms Act and Sections 4 and 5 of the Explosive Substance Act, based on the recovery of an empty magazine, iron pieces and 300 g of fertilizer from an abandoned shed. The petitioner contended that no arms or explosive material were actually seized, that the fertilizer was for agricultural use, and that he has a clean antecedent. The State opposed the grant of anticipatory bail. After hearing both sides, the Court, noting the petitioner’s clean record and the lack of substantive material, exercised its inherent powers under Section 482(2) of the CrPC to grant anticipatory bail, subject to a bail bond of Rs 10,000 and two sureties. The order directs that the petitioner be released on anticipatory bail if arrested or if he surrenders within four weeks.
Issues considered
- Whether anticipatory bail can be granted in a case where the alleged seizure consists only of an empty magazine, iron pieces and fertilizer, with no substantive arms or explosive material.
- Whether the facts disclosed establish a prima facie case under the Arms Act and the Explosive Substance Act warranting denial of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- Arms Act
- Explosive Substance Act
- Section 482 CrPC
- clean antecedent
- seizure of evidence
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3576 of 2026
Arising Out of PS. Case No.-346 Year-2025 Thana- BAHADURPUR District- Patna
======================================================
Md Mohiuddin @ Tarzan Son of Md Sahmsuddin Resident of Village - New
Azimabad Colony Sector - 'A', P.S. - Bahadurpur, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shakil Ahmad Khan, Adv.
For the Opposite Party/s : Mr.Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection
with Bahadurpur P.S. Case No. 346 of 2025, dated 23.10.2025
registered for the offence punishable under Section/s 25(1-B)(a),
26 of the Arms Act and Section 4/5 of the Explosive Substance
Act.
3. As per prosecution case, the police has recovered an
empty magazine, small pointed pieces of iron, kept in plastic
container, as well as 300 grams of chemical explosive like
fertilizer from the house of the petitioner.
4. Learned counsel for the petitioner submits that from the
seizure list, it appears that no arms or explosive materials were
recovered, while one empty magazine including some iron
pieces, kept in a plastic, as well as 300 grams of fertilizer are
Patna High Court CR. MISC. No.3576 of 2026(2) dt.28-01-2026
2/3
said to have been seized from the abandoned shed, which is
away from his main living areas and an open place. It is next
submitted that the petitioner has clean antecedent and the
fertilizer, which is said to have been recovered, was actually
kept for agricultural purposes but, for ulterior reason, the name
of the petitioner has been dragged in the instant case. It is next
submitted that the petitioner has clean antecedent and is ready to
cooperate with the investigation. Counsel for the petitioner
finally submits that no case under the Arms Act is made out
against the petitioner.
5. Learned APP for the State opposes the prayer for grant
of anticipatory bail.
6. Having heard learned counsel for the parties and taking
into account the submissions made by the parties as also the
petitioner, being a person of clean antecedent, this Court is
inclined to grant privilege of anticipatory bail to the petitioner.
7. Accordingly, let the petitioner, above named, be
released on anticipatory bail in the event of his arrest or
surrender before the court below within a period of four weeks
from today on furnishing bail bond of Rs. 10,000/- (rupees ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate, 1st Class, Civil Court,
Patna High Court CR. MISC. No.3576 of 2026(2) dt.28-01-2026
3/3
Patna City in connection with Bahadurpur P.S. Case No. 346 of
2025, subject to the condition as laid down under Section 482(2)
of the B.N.S.S.
(Ajit Kumar, J)
rishi/-
U T
Checking your session…