Patna High Court
Md. Mumtaz Khan @ MusamaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner subject to a bond and specific conditions.
Summary
The petitioner, Md. Mumtaz Khan, was arrested in connection with a case registered under sections 310(6), 310(5), 310(1), 310(4) and 317(5) of the Bihar Narcotic Substances Act, 2023, after a pistol and live cartridges were seized from his possession. He contended that the seizure was false, that the items did not belong to him, and that there was no independent witness to the seizure list, arguing that he was not involved in any dacoity. The State opposed his bail application, citing the seriousness of the offences and his prior criminal antecedent. The Court, noting that the petitioner had been in custody since 04‑09‑2025, that charges were framed, and that he gave an undertaking to cooperate, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of personal appearance and a family member as a bailor. The bail order was conditioned on the petitioner’s compliance, with the possibility of cancellation for non‑appearance.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences under the Bihar Narcotic Substances Act, 2023.
- Whether the seizure of the pistol and cartridges was lawful and sufficient to deny bail.
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 310(1), 310(4), 310(5), 310(6), 317(5)
Subjects
- bail
- criminal procedure
- seizure of firearms
- Bihar Narcotic Substances Act
- pre‑trial detention
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4174 of 2026
Arising Out of PS. Case No.-108 Year-2025 Thana- ISHAKCHAK District- Bhagalpur
======================================================
Md. Mumtaz Khan @ Musama S/o Late Mustafa Khan Resident of Village-
Dusadhpara Ward No. 9, P.S.- Nagar Sahebganj, District- Sahebganj,
Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Singh, Adv.
For the Opposite Party/s : Mr.Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Ishak Chak P.S. Case no.108 of
2025 registered under sections 310(6), 310(5), 310(1), 310(4)
and 317(5) of BNS, 2023.
3. There is recovery of one country made pistol, two
live cartridges along with some incriminating articles from
petitioner’s possession.
4. Learned counsel for the petitioner submits that false
recovery has been made from possession of the petitioner being
that of one country made pistol and two live cartridges. It is
further submitted that the seized articles do not belong to
Patna High Court CR. MISC. No.4174 of 2026(3) dt.25-02-2026
2/3
petitioner and he was never involved in the preparation of any
dacoity. Further, there is no independent witness to the seizure
list indicating violation of mandatory provisions of search and
seizure. Petitioner is in custody since 26.04.2025 and has one
criminal antecedent, which was lodged on the same date at
Hajipur in which he is on bail. Learned counsel for the
petitioner further submits that he undertakes to co-operate in
trial and charges have been framed on 24.09.2025.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering that petitioner
has remained in custody since 04.09.2025 and charges have
been framed, coupled with the undertaking given by the
petitioner that he would be co-operating in the trial, the
petitioner is directed to be enlarged on bail in connection with
Ishak Chak P.S. Case no.108 of 2025 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Court concerned
where the case is pending/successor Court, subject to the
following conditions:-
(I) One of the bailors of the petitioner shall be the
Patna High Court CR. MISC. No.4174 of 2026(3) dt.25-02-2026
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family member/close relative of the petitioner.
(II) The petitioner shall remain physically present in
the learned trial Court on each date and shall cooperate in the
trial. In case the petitioner is absent on the two consecutive
dates without sufficient reasons, the learned trial Court would be
at liberty to cancel the bail bonds of the petitioner.
(Soni Shrivastava, J)
Harsh/-
U T
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