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Patna High Court

Jabbar @ Jabba @ Md. JabbarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to both petitioners.

Summary

The petitioners, Jabbar and Sattar, were charged under Sections 310(4), 310(5) and 111 of the B.N.S. and Sections 25(1‑b)a, 26 and 37 of the Arms Act in a case arising from Maranga Police Station. The prosecution alleged that co‑accused persons were apprehended with arms and that the petitioners were implicated by those co‑accused. The petitioners contended they had committed no offence, no arms were recovered from them, and they had been in judicial custody since June and August 2025; they also pointed out that a co‑accused had already been granted bail. The State opposed bail, highlighting the petitioners’ prior criminal antecedents. After hearing both sides, the Court decided to enlarge bail, directing each petitioner to furnish a bail bond of Rs 10,000 with two sureties, subject to the satisfaction of the learned Chief Judicial Magistrate, Purnea.

Issues considered

  • Whether bail should be granted to the petitioners despite charges under the B.N.S. and Arms Act and their prior criminal antecedents

Legislation cited

Subjects

  • bail
  • criminal antecedent
  • Arms Act
  • B.N.S.
  • judicial custody
  • sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84166 of 2025
                         Arising Out of PS. Case No.-22 Year-2025 Thana- Marnga District- Purnia
                 ======================================================
           1.     Jabbar @ Jabba @ Md. Jabbar, Son of Late Manir Nadaf, Resident of
                  Village - Manganpatti, Morsanda, P.S.- Falka, District - Katihar.
           2.    Md. Sattar @ Saddam @ Md. Saddam, Son of Rafique @ Rafo @ Rafique
                 Nadaf, Resident of Village - Manganpatti, Morsanda, P.S.- Falka, District -
                 Katihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Raj Kumar, Advocate
                 For the Opposite Party/s :        Mr. Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   19-02-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have prayed for bail in connection

                   with Maranga P.S. Case No. 22 of 2025 registered for the

                   offence punishable under Sections 310(4), 310(5) and 111 of

                   B.N.S. and Sections 25(1-b)a, 26 and 37 of the Arms Act.

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

                   Kumar Yadav, Md. Rahmat and Bijali Nadaf were apprehended on

                   the information that they are planning to commit some offence and

                   from their possession, arms were recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioners has submitted that petitioners are innocent and have
             Patna High Court CR. MISC. No.84166 of 2025(2) dt.19-02-2026
                                                         2/2




                       committed no offence. They have been falsely implicated in this

                       case. The apprehended persons were disclosed the name of these

                       petitioners. Nothing has been recovered from their possession.

                       They are languishing in judicial custody since 03.06.2025 and

                       29.08.2025 respectively. It has also been submitted that

                       apprehended co-accused person has been granted bail by learned

                       Co-ordinate Bench of this Court vide Cr. Misc. No. 47341 of 2025.

                                    5. Learned APP for the State has vehemently opposed

                       the application for bail and has submitted that petitioner no.1 is

                       having criminal antecedent of three cases and petitioner no.2 is

                       having criminal antecedent of four cases.

                                    6. Having heard learned counsel for the parties and

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

                       inclined to enlarge the petitioners on bail.         The above named

                       petitioners are directed to be enlarged on bail on furnishing bail

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

                       sureties of the like amount each to the satisfaction of the learned

                       C.J.M., Purnea in connection with Maranga P.S. Case No.22 of

                       2025.


                                                         (Ashok Kumar Pandey, J)

lata/-
U        T


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