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Patna High Court

Akib KhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants bail to the petitioner subject to a cash bond, two sureties and conditions of appearance.

Summary

The petitioner, Akib Khan, was arrested in connection with a case under Sections 25(1‑b)a, 26 and 35 of the Arms Act after a country‑made pistol, a six‑shooter, ammunition and cash were recovered from co‑accused Jaish Ali. The petitioner has been in custody since 21‑08‑2025 and discloses seven prior criminal antecedents. He contends that he was falsely implicated, that no weapon was found in his possession, and that the police have not complied with Section 103 of the BNSS, 2023. The State opposed bail, citing the seriousness of the offence and the petitioner’s antecedents. The Court, noting the absence of any recovery from the petitioner, the filing of a charge‑sheet, and the bail already granted to the co‑accused, allowed the bail application subject to a cash bond and two sureties with conditions for appearance.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences under the Arms Act and his prior criminal antecedents.
  • Whether the non‑compliance of Section 103 of the BNSS, 2023, affects the grant of bail.
  • Whether the fact that no arms were recovered from the petitioner’s possession justifies bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • criminal antecedents
  • false implication
  • charge sheet
  • Section 103 BNSS 2023
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.3940 of 2026
                          Arising Out of PS. Case No.-61 Year-2025 Thana- CHERKI District- Gaya
                 ======================================================
                 Akib Khan Son of Late Sakil Khan @ Late Shakil Khan @ Shakil Khan
                 Resident Of VIllage- Majhauliya @ Manjhauli Ps -Dumaria, Dist- Gaya

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Najeeb Ahmad, Advocate
                                                   Ms. Saobiya Mushtaque, Advocate
                                                   Mr. Yasir Ashraf, Advocate
                 For the Opposite Party/s :        Mr. Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   28-01-2026              Heard learned counsel for the petitioner and learned APP

                   for the State.

                            2.      The petitioner seeks bail in connection with Cherki

                   P.S. Case No. 61 of 2025 instituted for the offence under

                   Sections 25(1-b)a, 26 & 35 of the Arms Act.

                            3.      Prosecution case in short is that there is recovery of

                   one country made pistol, one country made sixer, one empty

                   magazine, one live cartridge, ten empty cartridges and Rs.

                   9,500/- cash from the possession of the co-accused, namely,

                   Jaish Ali.

                            4.      It has been submitted on behalf of the petitioner

                   that the petitioner is in custody since 21-08-2025. Petitioner
Patna High Court CR. MISC. No.3940 of 2026(2) dt.28-01-2026
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          bears seven criminal antecedents, as per disclosure made in

          paragraph No. 3 of the bail application.

                  5.      It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. Name of the petitioner is disclosed by apprehended co-

          accused person. It is submitted that petitioner has no concern

          with the recovered arms. Nothing has been recovered from

          either conscious or physical possession of the petitioner.

          Learned counsel next submits that police after investigation has

          already submitted charge sheet in this case. There is no

          compliance of Section 103 of the BNSS, 2023. Other co-

          accused has been granted bail by this Court vide order dated

          27.08.2025, passed in Cr. Misc. No. 57866 of 2025.

                  6.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  7.      Considering the aforesaid facts and circumstances

          of the case, period of custody of the petitioner, there being no

          recovery from the petitioner’s possession, claim based on parity

          and charge sheet being submitted, this Court is inclined to grant

          bail to the petitioner.

                  8.      Let the petitioner be released on bail, after framing

          of charge, if not already framed, on furnishing bail bonds of
           Patna High Court CR. MISC. No.3940 of 2026(2) dt.28-01-2026
                                                       3/3




                     Rs. 15,000/- (Fifteen Thousand) with two sureties of the like

                     amount each to the satisfaction of Court below/concerned Court

                     in connection with Cherki P.S. Case No. 61 of 2025, subject to

                     the following conditions:

                             (I) One of the bailors shall be own/close member of the

                     family of the petitioner.

                             (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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