Patna High Court
Md Zishan Ali @ Chhote @ Zishan AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond and specified conditions.
Summary
Md Zishan Ali was arrested on 8 January 2026 in connection with a case under Sections 25(1B)(a), 26 and 35 of the Arms Act after police recovered a pistol and cartridge from co‑accused persons. The petitioner contended that nothing was seized from his conscious possession and that he was falsely implicated. The prosecution opposed bail, citing five prior cases, though the petitioner was already on bail in those matters. The court examined the facts, noting the lack of direct seizure from the petitioner and his claim of false implication, and considered his criminal antecedent. It granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence, while allowing verification of his antecedent.
Issues considered
- Whether bail should be granted to the petitioner under the Arms Act offences despite alleged false implication and prior criminal cases
- Whether the absence of direct seizure from the petitioner’s possession justifies bail
Legislation cited
- Arms Act — s. 25(1B)(a), 26, 35
Subjects
- bail
- Arms Act
- false implication
- criminal antecedent
- seizure
- co‑accused
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36774 of 2026
Arising Out of PS. Case No.-6 Year-2026 Thana- AMAS District- Gaya
======================================================
Md Zishan Ali @ Chhote @ Zishan Ali S/o Maulana Aftab Alam Kadri
Resident of Gangti, P.O.-Kothi, P.S.- Kothi, Gaya, Bihar 824210
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dayanand Singh, Advocate
: Mr. Dhananjay Kashyap, Advocate
: Mr. Nagadeo Chaubey, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-06-2026 Heard Mr. Dayanand Singh, learned counsel for the
petitioner and Mr. Aditya Narayan Singh.1, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
08.01.2026 in connection with Amas P.S. Case No. 06 of 2026
for the offences punishable under Sections 25(1B)(a), 26 and 35
of Arms Act.
3. The case of the prosecution, in brief, is that the
police got secret information that some persons are planning a
crime near Haridaspur, after verification police arrived at spot
and found that 3 persons are standing on the side of the road
who started to flee while seeing the police. Police caught them
and upon search one country made pistol was found from the
Patna High Court CR. MISC. No.36774 of 2026(2) dt.15-06-2026
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possession of accused namely, Md. Raja and one live cartridge
from the possession of accused namely, Imran Khan whereas the
accused-petitioner was also standing along with other accused
persons.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submits that it appears from
the FIR and seizure list that nothing has been recovered from
the conscious possession of the petitioner rather the recovery
has been made from the co-accused persons namely, Md. Raja
and Imran Khan. It is next submitted that the police after
investigation submitted the charge sheet on 28.02.2026 and the
petitioner is in custody since 08.01.2026.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner and
submits that petitioner has antecedent of five cases other than
the present case but fairly submits that petitioner is on bail in the
pending matters.
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 JMFC,
Patna High Court CR. MISC. No.36774 of 2026(2) dt.15-06-2026
3/3
Sherghati, Gayaji in connection with Amas P.S. Case No. 06 of
2026, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
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)
Gaurav Sinha/-
U T
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