Patna High Court
Hasmat AnsariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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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