Patna High Court
Md. Naushad @ KokoversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court refused to grant anticipatory bail to the petitioner.
Summary
The petitioner, Md. Naushad @ Koko, applied for anticipatory bail in a case registered under Sections 25(1‑B)a, 26 and 35 of the Arms Act. The prosecution alleged that, based on a tip‑off, a tempo was intercepted and a loaded pistol and a mobile phone were recovered from an accomplice who identified the petitioner as a co‑offender. The petitioner contended that no incriminating article was found in his possession and that his name surfaced only through the confessional statement of the co‑accused. The State opposed bail, highlighting the petitioner’s seven prior criminal convictions, several of which were of a similar nature. Considering the seriousness of the alleged offences and the petitioner’s criminal antecedents, the court refused the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Arms Act given the allegations and prior criminal record
- Whether a co‑accused’s confessional statement is sufficient to justify denial of bail
- Whether the absence of incriminating articles in the petitioner’s possession warrants bail
Legislation cited
- Arms Act — s. 25(1‑B)a, 26, 35
Subjects
- anticipatory bail
- Arms Act
- criminal antecedents
- confessional statement
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85691 of 2025
Arising Out of PS. Case No.-118 Year-2024 Thana- Safiyasarai District- Munger
======================================================
Md. Naushad @ Koko S/O Late Shafik R/O Village- Mirzapur Bardah, P.S-
Muffasil, Distt- Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Priyanka Singh, Advocate
For the Opposite Party/s : Ms. Gulnar Begum, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Safiyasarai P. S.
Case No. 118 of 2024 registered for the offences punishable
under Sections 25(1-B)a, 26, 35 of Arms Act.
3. As per prosecution case, acting on a tip off, the
informant intercepted a tempo and apprehended one person
while others managed to flee away. A mobile phone and a
loaded pistol were recovered from the said apprehended accused
person. He disclosed name of the petitioner as his accomplice.
4. It is submitted on behalf of the petitioner that no
incriminating article has been recovered from conscious
possession of the petitioner. Petitioner’s name has come in this
case during course of investigation on the basis of confessional
statement of co-accused.
Patna High Court CR. MISC. No.85691 of 2025(2) dt.09-02-2026
2/2
5. Learned A.P.P. for the State vehemently opposed
the bail application and submitted that petitioner has got seven
criminal antecedents out of which some are of similar nature.
6. Considering the nature of accusation and criminal
antecedents of similar nature, prayer for anticipatory bail of the
petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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