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Patna High Court

Mukku Dom @ Arun DomversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioners subject to specified conditions.

Summary

The petitioners, Mukku Dom and Md Imteyaz, were arrested on 16 October 2025 in connection with FIR dated 15 October 2025 for offences under Section 313 of the B.N.S. and Sections 25(1‑B)a, 26 and 35 of the Arms Act, relating to the recovery of a mobile phone and a loaded pistol with live cartridges. The petitioners contended that they were falsely implicated, that the mobile phone was recovered only from Imteyaz and the arms from a co‑accused, and that the charges were based merely on suspicion. The State opposed bail, highlighting that petitioner 1 had two other pending cases while petitioner 2 had a clean record. The Court, after considering the facts, granted bail to both petitioners on a bond of Rs 10,000 each with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence or witnesses, and verification of criminal antecedents. The bail order was directed to be implemented by the Chief Judicial Magistrate, East Champaran.

Issues considered

  • Whether bail should be granted to the petitioners accused under the Arms Act and B.N.S. provisions.
  • Whether the allegations against the petitioners are merely speculative and thus warrant bail.
  • Whether the petitioners' prior criminal antecedents affect the grant of bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • false implication
  • criminal antecedent
  • mobile phone
  • pistol
  • Patna High Court
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4014 of 2026
                 Arising Out of PS. Case No.-607 Year-2025 Thana- CHHATAUNI District- East Champaran
                 ======================================================
           1.     Mukku Dom @ Arun Dom S/O Sri Virendra Dom Resident of Village-
                  Sabni, P.S- Ramnagar, District- West Champaran.
           2.    Md. Imteyaz @ Imtiyaj Miyan S/O Sri Md. Haslam @ Md. Islam Resident
                 of Village- Sabni, P.S- Ramnagar, District- West Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Aditya Kumar Pandey, Advocate
                 For the State           :       Mr. Md. Shakir Ahmad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   28-01-2026                     Heard Mr. Aditya Kumar Pandey, learned counsel for

                   the petitioners and Mr. Md. Shakir Ahmad, learned APP for the

                   State.

                                 2. Petitioners seek bail, who are in custody since

                   16.10.2025, in connection with Chhatauni P.S. Case No. 607 of

                   2025, F.I.R. dated 15.10.2025 registered for the offences

                   punishable under Sections 313 of B.N.S. and Section 25(1-B)a, 26,

                   35 of the Arms Act.

                                 3. The case relates to recovery of one mobile phone and

                   loaded country made pistol with live cartridges.

                                 4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and they have been falsely implicated in

                   the present case. He further submits that the allegation as alleged
Patna High Court CR. MISC. No.4014 of 2026(2) dt.28-01-2026
                                            2/3




          in the F.I.R. is false and fabricated and the petitioners have not

          committed any offence as alleged in the F.I.R. It appears from the

          F.I.R. that one Canvas Company mobile phone was recovered from

          the possesion of petitioner no. 2, namely, Md. Imteyaz and nothing

          has been recovered from the possession of petitioner no. 1, namely

          Mukku Dom @ Arun Dom and arms have been recovered from co-

          accused Rahul Kumar and petitioners have been made accused

          merely on the basis of suspicion. He further submits that the

          police after investigation submitted chargesheet against the

          petitioners and the petitioners are in custody since 16.10.2025.

                       5. The learned Additional Public Prosecutor for the State

          has vehemently opposed the prayer for bail of the petitioners and

          submits that petitioner no. 1 carries two more cases other than the

          present, as mentioned in para-3 of the bail petition in which he is

          on bail in the pending matters and petitioner no. 2 having clean

          antecedent..

                       6. Considering the facts and circumstances of the case,

          let the petitioners, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two

          sureties of the like amount each to the satisfaction of learned

          Chief Judicial Magistrate, East Champaran at Motihari in

          connection with Chhatauni P.S. Case No. 607 of 2025, subject to

          the following conditions :-
               Patna High Court CR. MISC. No.4014 of 2026(2) dt.28-01-2026
                                                           3/3




                                      (1) Petitioners 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

                         their absence on two consecutive dates without sufficient reason,

                         their bail bonds shall be cancelled by the Court below.

                                      (2) If the petitioners tamper with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move for

                         cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioners and in case at any

                         stage, it is found that the petitioners have concealed their criminal

                         antecedents, the court below shall take step for cancellation of bail

                         bond of the petitioners. 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)
Ibrar//-

U          T


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