Patna High Court
Md. ChandversusThe state of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail may be granted, subject to a bond and stringent conditions, despite the seriousness of the charges and the petitioner’s antecedents.
Summary
Md. Chand was arrested on 2 April 2025 in connection with a case registered on 1 April 2025, facing charges under several sections of the Bharatiya Nyay Sanhita, 2023 and the Arms Act. His earlier bail application was rejected, with the court directing that he could reapply after six months. The petitioner argued innocence and highlighted that he had been in custody for over a year, while the prosecution pointed to his two prior criminal antecedents and the seizure of a foreign-made pistol, cartridge, mobile phone, and motorcycle. The court considered the length of detention, the seriousness of the offences, and the petitioner’s claim of innocence, and decided to grant bail on a bond of Rs. 10,000 with two sureties, subject to strict conditions regarding trial cooperation, non‑tampering with evidence, and verification of antecedents. The order directs that any breach of conditions may lead to cancellation of bail.
Issues considered
- Whether bail should be granted to a petitioner charged with serious offences under the Bharatiya Nyay Sanhita and the Arms Act after more than a year of custody.
- Whether the petitioner’s prior criminal antecedents and seizure of a firearm justify denial of bail.
- Whether the petitioner’s claim of innocence and the statutory provision allowing re‑application after six months warrant bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Bharatiya Nyay Sanhita, 2023 — s. 115(2), 126(2), 303(2), 317(2), 334(1), 3(5)
Subjects
- bail
- pre‑trial detention
- serious offences
- Bharatiya Nyay Sanhita
- Arms Act
- criminal antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36768 of 2026
Arising Out of PS. Case No.-61 Year-2025 Thana- SARAI RANJAN District- Samastipur
======================================================
Md. Chand S/O Fool Mohammad @ Md. Fulo R/V - Alinagar Levdhan, P.S-
Baligaon, District - Vaishali
... ... Petitioner/s
Versus
The state of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar, Advocate
For the State : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-06-2026 Heard Mr. Ajay Kumar, learned counsel for the
petitioner as well as Mr. Bhanu Pratap Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
02.04.2025 in connection with Sarairanjan P.S. Case No. 61 of
2025, F.I.R. dated 01.04.2025 for the offences punishable under
Sections 126(2), 115(2), 303(2), 334(1), 317(2), 3(5) of the
Bharatiya Nyay Sanhita, 2023 and Section 25(1-B)a, 26, 35 of
Arms Act.
3. Earlier the bail application of the petitioner was
rejected vide order 11.08.2025 in Cr. Misc. No. 48924 of 2025
with a direction that “However, the petitioner, if so advised, may
renew his prayer for bail after six months.”
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.36768 of 2026(2) dt.16-06-2026
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pursuant to the liberty granted to the petitioner, the petitioner
has filed the present bail application. He next submits that
petitioner is innocent and he has falsely been implicated in the
present case. It appears from the seizure list that a country made
pistol, one live cartridge, one mobile phone and a motorcycle
were recovered from the possession of the petitioner. He further
submits that the police after investigation submitted the charge
sheet against the petitioner and the petitioner is in custody since
02.04.2025 i.e. for more than one year.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries two criminal antecedents other
than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in the said matter.
6. Considering the aforesaid facts and circumstances,
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 J.M.F.C.,
Samastipur in connection with Sarairanjan P.S. Case No. 61 of
2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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