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Patna High Court

Md. Tanveer @ Tanveer @ Md. TanwirversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner, subject to a bond of Rs 10,000 and two sureties.

Summary

The petitioner, Md. Tanveer, was arrested in connection with a case under sections 25(1‑B)(a), 26 and 35 of the Arms Act after a pistol was allegedly recovered from his possession during an attempted escape. He contended that no incriminating article was actually found on him and that he had been falsely implicated, having been in custody since 8 August 2025. The State opposed his regular bail application. The Court, after considering the seriousness of the arms charge, the fact that a charge‑sheet had been filed and the length of his pre‑trial detention, ordered that he be released on bail. Bail was conditioned on a bond of Rs 10,000 with two sureties of the same amount, to be approved by the Judicial Magistrate, 1st Class, Katihar. The order effectively granted the bail application.

Issues considered

  • Whether the petitioner is entitled to regular bail under the Arms Act despite the alleged recovery of a pistol.
  • Whether the nature of the allegations and the period of pre‑trial detention justify denial of bail.

Legislation cited

Subjects

  • regular bail
  • Arms Act
  • false implication
  • pre‑trial detention
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.684 of 2026
                       Arising Out of PS. Case No.-120 Year-2025 Thana- MANSAHI District- Katihar
                 ======================================================
                 Md. Tanveer @ Tanveer @ Md. Tanwir S/o Shekh Jabir Resident of village-
                 Kabutar Tola, Rasulpur, Ward No 01, P.S.- Manihari, Distt- Katihar
                                                                              ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Md Musowir, Advocate
                 For the Opposite Party/s :        Mr.Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   15-01-2026                   1. Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Mansahi P.S. Case

                   no.120 of 2025 registered under sections 25(1-B)(a), 26 and 35

                   of the Arms Act.

                                3. As per the prosecution case, while the accused

                   made an attempt to escape, he was arrested and on search a

                   country made pistol was recovered from his possession.

                                4. Learned counsel for the petitioner submits that no

                   incriminating article has been recovered the petitioner’s

                   possession who has been falsely implicated in the case. He is in

                   custody since 8.8.2025 and the cause of his false implication is

                   his antecedents.

                                5. The application for bail is opposed by learned A.P.P

                   for the State.
             Patna High Court CR. MISC. No.684 of 2026(2) dt.15-01-2026
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                                    6. Having heard learned counsel for the parties and

                       taking into consideration the nature of allegation against the

                       petitioner in the FIR together with the petitioner having

                       remained in custody since 8.8.2025 and charge-sheet having

                       been submitted in the case, the petitioner is directed to be

                       enlarged on bail in connection with Mansahi P.S. Case no.120 of

                       2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten

                       Thousand) with two sureties of the like amount each to the

                       satisfaction of the learned Judicial Magistrate, 1st Class, District-

                       Katihar.



                                                   (Partha Sarthy, J)
Shiv/-

U        T


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