Patna High Court
Md. Ibran @ Ibran @ IbrarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the petitioner's regular bail with conditions.
Summary
The petitioner, Md Ibran, was charged under Sections 25(1‑b)a, 25(1‑AA), 26 and 35 of the Arms Act in Naya Bhojpur P.S. Case No. 2 of 2024 and had been in custody since September 2024. His earlier bail application was rejected, but he filed a second regular bail petition arguing that the charge was only recently framed, the trial was delayed, and that similarly situated co‑accused had been granted bail by the same court. The State opposed the bail on the ground of the seriousness of the offences. The court, after considering the petitioner's clean antecedent, the principle of speedy trial and the precedent of bail granted to co‑accused, allowed the bail application subject to a Rs 10,000 bond, two sureties, and conditions of regular appearance before the police and trial court. The bail bond is to be verified for clean antecedent but not delayed. The order releases the petitioner on bail.
Issues considered
- Whether regular bail should be granted to an accused under the Arms Act when the trial is delayed and the petitioner has a clean antecedent.
- Whether the grant of bail to co‑accused in similar cases is a relevant factor for the present bail application.
Legislation cited
- Arms Act — s. 25(1‑AA), 25(1‑b)a, 26, 35
Subjects
- bail
- Arms Act
- speedy trial
- regular bail
- clean antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67780 of 2025
Arising Out of PS. Case No.-2 Year-2024 Thana- Naya Bhojpur District- Buxar
======================================================
Md. Ibran @ Ibran @ Ibrar S/O Md. Islam R/O Millat Nagar, Hazratganj,
P.S.- Purab Sarai, Parig Kasim Bazar, Munger, Dist.- Munger
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manendra Kumar Sinha
For the Opposite Party/s : Mr. Nand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 16-01-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner for regular
bail in connection with Naya Bhojpur P.S. Case No. 2 of 2024
registered for the offence under Sections 25(1-b)a, 25(1-AA), 26
and 35 of the Arms Act.
3. Earlier the prayer of the petitioner for bail was
rejected on 09.04.2025 passed in Cr. Misc. No. 5845 of 2025.
4. Learned counsel for the petitioners submits that the
charge has been framed recently and the trial is not proceeding
and the petitioner has a right of speedy trial. He also submits
that similarly situated accused namely, Virendra Kumar
Srivastava, has been granted bail by a co-ordinate Bench of this
Court in Cr. Misc. No. 10857 of 2025 on 11.04.2025. He further
Patna High Court CR. MISC. No.67780 of 2025(3) dt.16-01-2026
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submits that co-accused namely Md. Azad and Md. Abdullah
have also been granted bail by this Court vide Cr. Misc. No.
66208 of 2025 dated 09.01.2026. The petitioner is in custody
since 01.09.2024 and claims clean antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand)with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate,
Buxar/concerned Court below in connection with Naya Bhojpur
P.S. Case No. 2 of 2024 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Purab Sarai, Parig Kasim
Bazar, Munger Police Station on the first
and third Sunday of each month. Any default
in appearance at the Police Station would
result in cancellation of bail bond of the
petitioner;
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner;
(iii). At the time of accepting the
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bail bonds of the petitioner, the Court below
shall verify the fact whether the petitioner
has clean antecedent or not. If it is found
that the petitioner has clean antecedent then
only his bail bonds shall be accepted by the
Court below. However, it is made clear that
the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed
for purpose of or in the name of verification.
(Sandeep Kumar, J)
Shishir/-
U T
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