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Patna High Court

Md. Eshsan @ GudduversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.4310 of 2026(2) dt.02-02-2026
                                             2/3




          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
           Patna High Court CR. MISC. No.4310 of 2026(2) dt.02-02-2026
                                                       3/3




                     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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