Patna High Court
Md. Eshsan @ GudduversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to monetary and procedural conditions.
Summary
The petitioner, Md. Eshsan @ Guddu, 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 and six live cartridges were recovered. He contended that he was falsely implicated, that no incriminating article was found in his conscious possession, and that the State had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, citing the seriousness of the offences and the petitioner’s three prior criminal antecedents. The Court, after considering the length of custody since 5 October 2025 and the lack of direct possession, decided to grant bail subject to a cash bond and specific conditions. The bail order required two sureties, family involvement of one bailor, regular appearance in court, and provisions for cancellation if evidence or witnesses were tampered with.
Issues considered
- Whether bail should be granted to the accused under the Arms Act offences despite the seriousness of the charges and prior criminal antecedents
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail
- Whether the absence of the seized weapon in the accused’s conscious possession affects the bail decision
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
Subjects
- bail
- Arms Act
- possession of illegal weapons
- Section 103
- Bharatiya Nagarika Suraksha Sanhita
- criminal antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4310 of 2026
Arising Out of PS. Case No.-693 Year-2025 Thana- KADAMKUAN District- Patna
======================================================
Md. Eshsan @ Guddu Son of Md. Mumtaz Resident of Sabzibagh, Hotel
Gali, P.S. - Pirbahore, Dist. - Patna, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amar Alam, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Kadamkuan P.S. Case No. 693 of 2025 instituted for the
offences under Sections 25(1-b)a, 26, 35 of the Arms Act.
3. As per the F.I.R., one country-made pistol and six
live cartridges have been recovered from this petitioner.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner has got no concern with the recovered arms and
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ammunitions. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 05.10.2025 and has three
criminal antecedents. There is no compliance of Section 103 of
the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Kadamkuan P.S.
Case No. 693 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.
(III) If the petitioner tampers with the evidence or the
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witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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