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Patna High Court

Md. MumtajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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