Patna High Court
Md. AzadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioners with specified conditions, finding no sufficient ground to deny bail.
Summary
The petitioners, Md. Azad and Md. Abdullah, applied for bail in a case registered under Sections 25(1‑b)a, 25(1‑AA), 26 and 35 of the Arms Act. Their earlier bail application had been rejected, but they argued that the charge was only recently framed, the trial was not progressing, and they were entitled to a speedy trial. They also pointed to a similar accused, Virendra Kumar Srivastava, who had been granted bail by a co‑ordinate bench of the same court. The petitioners had been in custody since 1 September 2024 and claimed to have clean antecedents. The court, after considering these submissions, allowed the bail application, directing the petitioners to furnish bail bonds of Rs 10,000 each with two sureties, to appear every Sunday at the Kasim Bazar police station, and to cooperate with the trial court; any default would lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the accused under the Arms Act offences pending trial.
- Whether the right to a speedy trial and the fact that charges were recently framed justify bail.
- Whether the grant of bail to a similarly situated accused is a relevant factor.
- Whether the petitioners’ clean criminal antecedent warrants bail.
Legislation cited
- Arms Act — s. 25(1‑AA), 25(1‑b)a, 26, 35
Subjects
- bail
- Arms Act
- speedy trial
- criminal antecedent
- court conditions
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66208 of 2025
Arising Out of PS. Case No.-2 Year-2024 Thana- Naya Bhojpur District- Buxar
======================================================
1. Md. Azad S/o Late Nur Mohammad R/o Hazratganj Bara, P.S.- Kasim
Bazar, Munger, Distt.- Munger
2. Md. Abdullah S/o Late Md. Shamim R/o Hazratganj Bara, P.S.- Kasim
Bazar, Munger, Distt.- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Kumar Dubey, Advocate
Mr.Manendra Kumar Sinha, Advocate
For the State : Mr.Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 09-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioners for grant of bail in connection with Naya Bhojpur
P.S. Case No. 2 of 2024 registered for the offence punishable
under Sections 25(1-b)a, 25(1-AA), 26 and 35 of the Arms Act.
3. Earlier the bail application of the petitioners have
been rejected vide order dated 09.04.2025 passed in Cr. Misc.
No. 3617 of 2025.
4. Learned counsel for the petitioners submits that the
charge has been framed recently and the trial is not proceeding
and the petitioners have a right of speedy trial. He also submits
Patna High Court CR. MISC. No.66208 of 2025(3) dt.09-01-2026
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that similarly situated accused namely, Virendra Kumar
Srivastava, who was caught by the petitioners have been granted
bail by a co-ordinate Bench of this Court in Cr. Misc. No. 10857
of 2025 on 11.04.2025.
5. The petitioners are in custody since 01.09.2024 and
claim clean antecedents also.
6. Considering the above, this application is allowed.
7. Let the petitioners, above named, be released on
bail on furnishing bail bonds of Rs. 10,000/- (ten thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Chief Judicial Magistrate, Buxar in connection
with Naya Bhojpur P.S. Case No. 02 of 2024.
8. The petitioners will also mark attendance in Kasim
Bazar Police Station, District- Munger on every Sunday of the
month. Any default in appearance at the Police Station would
result in cancellation of bail bonds of the petitioners.
9. As a condition of this order, the petitioners, after
being released on bail are directed to co-operate in the trial
either by appearing personally or through their lawyer in the
trial Court on each and every date fixed by the trial Court.
Noncompliance of the condition will result in cancellation of the
bail bonds of the petitioners.
Patna High Court CR. MISC. No.66208 of 2025(3) dt.09-01-2026
3/3
10. At the time of accepting bail bonds of the
petitioners, the Court below will verify the criminal antecedent
of the petitioners. If it is found that the petitioners have criminal
antecedent, the Court below shall not accept the bail bonds of
the petitioners and if it is found that the petitioners have clean
antecedent, their bail bonds shall be accepted by the Court
below.
(Sandeep Kumar, J)
P. Kumar
U T
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