Patna High Court

Md. Jamal Malik @ Babloo MalikversusThe State of Bihar

Decided: 29 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner, finding no sufficient ground to deny his release.

Summary

The petitioner, Md. Jamal Malik, sought bail for offences under several sections of the Bihar Narcotic Substances Act and the Arms Act after police recovered a revolver and numerous cartridges from his residence following a land‑dispute shoot‑out. The prosecution alleged that he was part of a group of eleven persons firing weapons, while the petitioner claimed innocence, asserting that he possessed a valid firearms licence and that the cartridges were lawfully purchased. He had been in judicial custody since 28 September 2025. The State opposed bail, but the court, after hearing both sides, considered the lack of incriminating evidence beyond the seized arms and the petitioner’s licence. Consequently, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties of equal amount.

Issues considered

Whether the petitioner is entitled to bail despite the recovery of firearms and ammunition under the Bihar Narcotic Substances Act and the Arms Act
Whether the possession of a valid licence and lawful purchase of cartridges negate the prima facie case against the petitioner

Legislation cited

Arms Act — s. 27, 30
B.N.S. — s. 109(1), 115(2), 126(2), 132, 190, 191(2), 193(3), 196, 285

Subjects

bail
arms possession
firearms licence
Criminal Procedure Code
pre‑trial detention
false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83224 of 2025
                       Arising Out of PS. Case No.-81 Year-2025 Thana- Safiyasarai District- Munger
                 ======================================================
                 Md. Jamal Malik @ Babloo Malik, S/o Md. Mokim Malik, R/o Vill-
                 Mohammadpur, P.S.- Safia Sarai, Distt- Munger


                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajay Kumar Thakur, Advocate
                                                   Mrs.Vaishnavi Singh, Advocate
                                                   Mr. Ritwik Thakur, Advocate
                 For the Opposite Party/s :        Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   29-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Safiyasarai P.S. Case No. 81 of 2025 registered for the

                   offence punishable under Sections 191(2), 193(3), 190, 126(2),

                   115(2), 132, 196, 109(1) and 285 of B.N.S. and Sections 30 and

                   27 of the Arms Act

                                 3. The case of the prosecution, in short, is that police

                   received an information that near Mohammadpur petrol pump

                   due to land dispute persons have gathered and they are firing.

                   On this information, police reached there and it is alleged that

                   altogether 11 persons were found there. After this, the house of
Patna High Court CR. MISC. No.83224 of 2025(3) dt.29-01-2026
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          the petitioner was searched and from his house, one revolver,

          112 live cartridges of 12 bore, 111 cartridges of .315 bore, 38

          cartridges of .380 bore and 12 cartridges of .325 bore were

          recovered.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. It has further been submitted that from perusal of

          Annexures-4 and 5 which will go to show that petitioner is

          having license and regarding cartridges, it was submitted that

          those cartridges were purchased on the license. It has further

          been submitted that save and except the recovery of arms and

          cartridges, there is nothing against the petitioner. Petitioner is

          languishing in judicial custody since 28.09.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the application for bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned Chief
             Patna High Court CR. MISC. No.83224 of 2025(3) dt.29-01-2026
                                                         3/3




                       Judicial Magistrate, Munger in connection with Safiyasarai P.S.

                       Case No. 81 of 2025.


                                                           (Ashok Kumar Pandey, J)

lata/-
U        T

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