Patna High Court
Md. Talim @ Md. TaslimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioner is entitled to bail, subject to a bond of Rs.10,000 and the stipulated conditions.
Summary
The petitioner, Md. Talim, was arrested in connection with an FIR under Sections 25(1‑b)A, 26 and 35 of the Arms Act, based on a secret tip about extortion at gunpoint and the confessional statements of co‑accused persons who named him. He contended that the FIR was fabricated and that he had not committed any offence. The State opposed bail, citing two other pending cases, though it admitted the petitioner was already on bail in those matters. The court examined whether the allegations derived solely from co‑accused statements justified denial of bail and considered the impact of the pending cases. Concluding that the petitioner was entitled to bail, the court ordered his release on a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether the petitioner is entitled to bail in a case under the Arms Act where the primary evidence is the confessional statements of co‑accused persons.
- Whether the existence of other pending criminal cases affects the grant of bail in the present matter.
- Whether the conditions imposed by the court are sufficient to safeguard the trial process.
Legislation cited
- Arms Act, 1959 — s. 25(1-b)A, 26, 35
Subjects
- bail
- Arms Act
- confessional statement
- fabricated FIR
- pending criminal cases
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37348 of 2026
Arising Out of PS. Case No.-140 Year-2021 Thana- AMARPUR District- Banka
======================================================
Md. Talim @ Md. Taslim S/O Karu Miyan @ Md. Karim R/O Village-
Amarpur, P.S.- Amarpur, Dist.- Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-06-2026 Heard Mr. Dhananjay Kumar Pandey, learned
counsel for the petitioner and Mr. Umeshanand Pandit, the
learned A.P.P. for the State.
2. Learned counsel for the petitioner is permitted to
make necessary correction in paragraph-1 of the bail petition.
3. The petitioner seeks bail, who is in custody since
24.05.2025 in connection with Amarpur P.S. Case No. 140 of
2021, F.I.R. dated 19.03.2021 registered for the offence
punishable under Sections 25(1-b)A, 26, 35 of the Arms Act.
4. The prosecution case, in brief is that police on
receiving secret information that seven to eight miscreants
were extorting money from the truck driver at gun point had
reached with its team at the spot two of the miscreants were
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apprehended by the police and rest succeed to flee away. It is
alleged that apprehended accused disclosed his name Md.
Irsad and Vishal Kumar.
5. Learned counsel appearing for the petitioner
submits that the allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. It appears from the FIR that the name of
the petitioner has been transpired during investigation on the
basis of the confessional statement of co-accused person,
namely, Md. Irshad and Vishal Kumar who were apprehended
on the spot. As per allegation in the FIR, the petitioner was
escaped from the place of occurrence. The recovery of arms
has been made from possession of co-accused person, namely,
Md. Ismail has been granted bail by a Co-ordinate Bench of
this Hon’ble Court vide order dated 04.01.2022 passed in Cr.
Misc. No. 38722 of 2021 and several co-accused persons
have also been granted bail by different Co-ordinate Benches
of this Hon’ble Court and the police, after investigation,
submitted charge-sheet against the petitioner and the
petitioner is in custody since 24.05.2025.
6. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
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two more cases other than the present one but he fairly
submits that the petitioner is on bail in both the cases, as
mentioned in para-3 of the bail petition.
7. Considering the aforesaid fact, 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 learned Chief Judicial
Magistrate, Banka in connection with Amarpur P.S. Case No.
140 of 2021, with 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/her absence on two consecutive dates
without sufficient reason, his/her 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
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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)
Nitesh/-
U T
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