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Patna High Court

Hasmat AnsariversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner on furnishing a bond of Rs.10,000 with two sureties.

Summary

The petitioner, Hasmat Ansari, applied for bail in a case registered under Sections 25(1‑b)a and 26 of the Arms Act, where a loaded pistol and three live cartridges were recovered from beneath an e‑rickshaw seat. The petitioner claimed innocence, stating that nothing was recovered from his possession and that the seizure was not made in compliance with Section 105 of the B.N.S.S. He also highlighted his existing criminal antecedents and that he had been in judicial custody since 23‑10‑2025. The State opposed the bail application. After hearing both sides, the Court considered the facts, the nature of the offence, and the petitioner’s custody status, and decided to grant bail on the condition of a Rs.10,000 bond with two sureties, subject to the satisfaction of the Chief Judicial Magistrate, West Champaran.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 25(1‑b)a and 26 of the Arms Act despite his antecedent cases and ongoing judicial custody.

Legislation cited

Subjects

  • bail
  • Arms Act
  • Section 25
  • Section 26
  • judicial custody
  • seizure
  • sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8697 of 2026
                   Arising Out of PS. Case No.-194 Year-2025 Thana- Manuapul District- West Champaran
                 ======================================================
                 Hasmat Ansari, S/O Sri Bhikham Ansari @ Bhikham Miyan, Resident of
                 village - Tuniya Vishunpur,P.S- Manuapul, Dist- West Champaran

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

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

2   17-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Manuapul P.S. Case No. 194 of 2025 registered for the

                   offence punishable under Sections 25(1-b)a and 26 of the Arms

                   Act.

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

                   the seat of e-rickshaw, one loaded country made pistol and three

                   live cartridges 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. Nothing has been recovered from his possession. The

                   seizure list witnesses are police personnel. Police has not
             Patna High Court CR. MISC. No.8697 of 2026(2) dt.17-02-2026
                                                         2/2




                       complied Section 105 of the B.N.S.S. while making the seizure.

                       Petitioner is having criminal antecedent of three cases and he is

                       on bail in all the three case. He languishing in judicial custody

                       since 23.10.2025

                                    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

                       Judicial Magistrate, West Champaran at Bettiah in connection

                       with Manuapul .P.S. Case No. 194 of 2025.


                                                      (Ashok Kumar Pandey, J)

lata/-
U        T


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