Patna High Court

Md. Azad @ AzadversusThe State of Bihar

Decided: 12 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Md. Azad, was arrested in connection with alleged manufacturing of arms under several provisions of the Arms Act. Police raided a workshop based on a tip, but the accused fled and no weapons were recovered from the petitioner. A local chowkidar’s statement named the petitioner among 33 persons involved. The petitioner argued innocence, highlighted that no material was seized from him, and pointed to similar co-accused who had been granted bail in earlier cases. Having been in judicial custody since 10 October 2025, the petitioner sought regular bail. The Court, after considering the lack of direct evidence and the precedent of bail to co-accused, ordered his release on bail with a bond of Rs.10,000 and two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite charges under the Arms Act for manufacturing of arms
Whether the absence of seized material and similarity to other co-accused who were granted bail justify bail

Legislation cited

Arms Act — s. 25(1-A), 25(1-AA), 25(1-b)a, 26(i), 26(ii), 35

Subjects

bail
Arms Act
manufacturing of arms
regular bail
criminal procedure
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86629 of 2025
                 Arising Out of PS. Case No.-89 Year-2023 Thana- MUNGER MUFFASIL District- Munger
                 ======================================================
                 Md. Azad @ Azad S/o- Late Md. Mehruddin @ Mehruddin R/o - Mirzapur
                 Bardah, P.S - Muffasil, District - Munger
                                                                     ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Sanjiv Kumar Singh, Advocate
                 For the Opposite Party/s :     Mr. Upendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 25(1-A),

                   25(1-AA), 25(1-b)a, 26(i) (ii) and 35 of the Arms Act.

                                3. The case of the prosecution is that the petitioner is

                   indulged in manufacturing of arms. Police on a tip of

                   manufacturing of arms, conducted raid, however, noticing the

                   police party, the persons who were busy in manufacturing arms,

                   succeeded in fleeing away. It is further alleged that the local

                   chowkidar disclosed the name of thirty three persons including the

                   petitioner as the persons involved in the crime and from the place

                   of the occurrence, one semi-finished country made pistol and

                   other articles which were being used for manufacturing arms.

                                4. Learned counsel for the petitioner submits that the
            Patna High Court CR. MISC. No.86629 of 2025(2) dt.12-01-2026
                                                        2/2




                      petitioner is innocent and has committed no offence. Learned

                      counsel for the petitioner has submitted that the name of this

                      petitioner has surfaced in the statement of local chowkidar.

                      Nothing has been recovered from the possession of the petitioner.

                      Similarly situated other co-accused persons have been granted bail

                      by learned co-ordinate Bench of this court vide order dated

                      20.12.2024 passed in Cr. Misc. Nos. 78774 of 2024, 80013 of

                      2024 and 85417 of 2024 respectively. The case of this petitioner

                      stands on similar footing. Moreover, the petitioner is languishing

                      in judicial custody since 10.10.2025.

                                   5. Learned APP appearing for the State has vehemently

                      opposed the prayer of regular 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 released on bail in connection with

                      Muffasil P.S. Case No. 89 of 2023 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned C.J.M., Munger.



                                            (Ashok Kumar Pandey, J)
Shubham/-
U     T

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