Patna High Court

Md. Azad Ansari @ Azad AliversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that pre‑arrest bail could not be granted due to the seriousness of the offences and the petitioner’s extensive criminal antecedents.

Summary

The petitioner, Md. Azad Ansari, sought pre‑arrest bail after the police recovered 1 kg of ganja and a country‑made pistol from co‑accused who identified him. He faces charges under sections 310(4), 310(5) and 3(5) of the Bihar Narcotic Substances Act, sections 25(1‑b), 25(a), 26 and 35 of the Arms Act, 1959, and sections 8, 20, 21(b) and 22 of the NDPS Act. The petitioner has six prior criminal records, most of a similar nature. The court considered the seriousness of the alleged offences, the petitioner’s antecedents, and the risk of tampering with evidence. Concluding that the gravity of the case outweighs the bail considerations, the court rejected the petition for pre‑arrest bail.

Issues considered

Whether pre‑arrest bail should be granted to the petitioner under the NDPS Act and Arms Act given the nature of the offences and his criminal antecedents

Legislation cited

Arms Act, 1959 — s. 25(1-b), 25(a), 26, 35
Bihar Narcotic Substances Act — s. 310(4), 310(5), 3(5)
Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20, 21(b), 22, 8

Subjects

pre‑arrest bail
NDPS Act
Arms Act
criminal antecedents
gravity of offence
bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5372 of 2026
                       Arising Out of PS. Case No.-423 Year-2024 Thana- BARHARIA District- Siwan
                 ======================================================
                 Md. Azad Ansari @ Azad Ali S/O Kitabuddin R/O Village-Mahual, P.S.-

                 Hussainganj, District- Siwan.



                                                                                  ... ... Petitioner/s

                                                       Versus

                 The State of Bihar



                                                                             ... ... Opposite Party/s

                 ======================================================
                 Appearance :

                 For the Petitioner/s     :       Mr. Satyendra Rai , Advocate

                 For the Opposite Party/s :       Mr. Vinod Shanker Modi , APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

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

                   State .

                                 2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under section 310 ( 4 ), 310 (5) and 3 (5)

                   of BNS, 25 (1-b)/a/26/35 of Arms Act, 1959 and section 8 , 20,

                   21 (b ) and 22 of NDPS Act.

                                 3 . As per the prosecution case , 1 kg Ganja and one

                   country made pistol was recovered from the apprehended co-

                   accused persons who disclosed the name of this petitioner.
            Patna High Court CR. MISC. No.5372 of 2026(2) dt.28-01-2026
                                                        2/2




                      Petitioner has got 6 criminal antecedents out of which most of

                      them are of similar nature .

                                   4. Considering the nature of accusation , criminal

                      antecedents of this petitioner and gravity of offence , prayer for

                      pre-arrest bail of the petitioner is rejected.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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