Patna High Court
Md. MumtajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that the petitioners, being mere laborers and not the main perpetrators, are entitled to bail subject to conditions.
Summary
The petitioners, Md. Mumtaj and Md. Wasim, were arrested in connection with a case involving illegal arms manufacturing under Sections 25(1‑B)AA, 26(i)(ii) and 35 of the Arms Act. They contended that they were merely laborers employed by Yogeshar Yadav, who operated an illegal mini‑gun factory, and that the seized firearms did not belong to them. The petitioners argued that the search and seizure lacked independent witnesses, rendering it non‑compliant with mandatory procedural requirements. The State opposed bail, citing the seriousness of the offence. The Court, noting that the petitioners were not the principal perpetrators and that a charge sheet had already been filed, granted bail on the condition of a Rs 10,000 bond with two sureties and required their physical presence in court until framing of charges. The order also imposed conditions for cancellation of bail upon non‑appearance on two consecutive dates.
Issues considered
- Whether the petitioners, alleged laborers in an illegal arms manufacturing unit, are entitled to bail under the Arms Act provisions.
- Whether the absence of independent witnesses to the search and seizure invalidates the prosecution's case for denying bail.
Legislation cited
- Arms Act — s. 25(1‑B)AA, 26(i)(ii), 35
Subjects
- bail
- arms possession
- illegal arms manufacturing
- laborer defence
- search and seizure
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73442 of 2025
Arising Out of PS. Case No.-23 Year-2025 Thana- Paura District- Khagaria
======================================================
Md. Mumtaj S/o- Late Alim R/O- Vill- Mirzapur Bardeh, P.S- Muffasil, Distt-
Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 87898 of 2025
Arising Out of PS. Case No.-23 Year-2025 Thana- Paura District- Khagaria
======================================================
Md. Wasim Son of Md. Samsuddin Resident of Village- Rasalpur, Muskipur,
P.S.- Gogari, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 73442 of 2025)
For the Petitioner/s : Ms. Eashita Raj, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, A.P.P.
(In CRIMINAL MISCELLANEOUS No. 87898 of 2025)
For the Petitioner/s : Mr.Ranjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr.Bhanu Pratap Singh, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 11-02-2026 Both the applications are being heard together as they
arise out of common Paura P.S. Case No. 23 of 2025.
2. Heard the learned counsels for the petitioners and the
learned APP for the State.
3. The petitioners seeks bail in a case registered for the
offence punishable under Sections 25 (1-B)AA, 26 (i) (ii) and 35 of
the Arms Act.
Patna High Court CR. MISC. No.73442 of 2025(4) dt.11-02-2026
2/3
4. As per the prosecution case, petitioners were
apprehended with arms and ammunition.
5. Learned counsels for the petitioners submit that the
F.I.R itself would disclose that the so called illegal mini gun factory
was being run by one Yogeshar Yadav and the field concerned from
where the recovery was made also belongs to him. However, the
present two petitioners who were apprehended by the police were
merely labourers employed recently by the said Yogeshar Yadav and
the firearms do not belong to these petitioners nor are they owners of
the manufacturing unit in the field. Further, there is no independent
witnesses to the search and seizure and as such there is non-
compliance of the mandatory provision thereof. Learned counsel for
the petitioners further submits that most of the items seized are all
some manufacturing materials and only two fully manufactured
pistols and five semi-finished pistols along with other items were
recovered. Petitioners are in custody since 01.06.2025 and charge
sheet has already been submitted, as such no custodial interrogation
would be required. Md. Mumtaj in Cr. Misc. No. 73442 has no
criminal antecedent while Md. Wasim in Cr. Misc. No. 87898 has
one criminal antecedent.
6. Learned APP for the State opposed the bail petitions.
7. Taking into consideration the facts and circumstances
of the case and also considering that the petitioners are not the main
perpetrators of the crime but were only employed as labourers and
Patna High Court CR. MISC. No.73442 of 2025(4) dt.11-02-2026
3/3
charge sheet having been submitted, the above named petitioners are
directed to be enlarged on bail on furnishing bail bond of Rs10,000/-
(Rupees Ten Thousand) each with two sureties of the like amount
each to the satisfaction of the learned Court below where the case is
pending/successor Court in connection with Paura P.S. Case No. 23
of 2025 , subject to the conditions that :
(i) One of the bailors will be his close relative/family
members.
(ii) The petitioners shall remain physically present in court
on each and every date till framing of charges and in the event of
failure on two consecutive dates without sufficient reasons, his bail
bonds shall be liable to be cancelled by the learned court concerned.
(Soni Shrivastava, J)
vashudha/-
U T
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