Patna High Court
Farhan KhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Farhan Khan, was arrested in connection with a case under Sections 25(1‑b)a, 26 and 35 of the Arms Act after police received information about three persons standing under a bridge. The police recovered arms from the house of a co‑accused, Md. Danish, but nothing was found on the petitioner, who claims he was falsely implicated. He has been in judicial custody since 9 March 2026 and argues that he is innocent and has no connection with the recovered weapons. The State opposed bail, citing a prior criminal antecedent. After hearing both sides, the Court found the lack of direct evidence against the petitioner sufficient to grant bail, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner under the Arms Act when no arms were recovered from his possession.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
- Arms Act — s. 25(1‑b)a, 26, 35
Subjects
- bail
- Arms Act
- judicial custody
- criminal antecedent
- section 25(1‑b)a
- section 26
- section 35
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37802 of 2026
Arising Out of PS. Case No.-93 Year-2026 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Farhan Khan S/o Humayu Khan Resident of Village - Kuibar, P.S.- Imamganj,
District - Gaya, At present Resident of Alinagar near Naaj Hall P.O. and P.S.-
Nagar (Town), District - Aurangabad, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheikh Arkan Ahmad, Advocate.
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Nagar (Town) P.S. Case No. 93 of 2026 registered for the
offence punishable under Sections 25(1-b)a, 26 and 35 of the
Arms Act.
3. The case of the prosecution, in short, is that the
police had an information that three persons are standing below
the bridge in dubious condition. They were apprehended and the
petitioner is one amongst them.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that the house of the co-accused, namely,
Patna High Court CR. MISC. No.37802 of 2026(2) dt.17-06-2026
2/2
Md. Danish, was searched by the police, and from his house,
arms were recovered. He further submits that nothing has been
recovered from the possession of the petitioner, rather, the
recovery, if any, has been made from the house of Md. Danish
and the petitioner is not concerned in any way with Danish.
Moreover, the petitioner is languishing in judicial custody since
09.03.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of one case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Auragabad in connection with Nagar
(Town) P.S. Case No. 93 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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