Patna High Court
Rashid HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs 10,000 with two sureties.
Summary
Rashid Hussain applied for regular bail in a case registered under sections of the Bharatiya Nyaya Sanhita, the Bengal Public Gambling Act and the Arms Act. The prosecution alleged that a raid at his residence uncovered live cartridges and other items, though the petitioner was not present at the time. He contended that he was falsely implicated, asserting that no incriminating material was found in his possession and that the case was motivated by his antecedents. He had been in custody since 14 October 2025 and a charge‑sheet had already been filed. After hearing both sides, the Patna High Court granted bail on a bond of Rs 10,000 with two sureties, directing compliance with the Chief Judicial Magistrate’s conditions.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences under the Bharatiya Nyaya Sanhita, the Bengal Public Gambling Act and the Arms Act.
- Whether the petitioner’s claim of false implication and lack of incriminating material in his possession warrants bail.
- Whether the period of custody exceeding four months and the filing of a charge‑sheet justify the grant of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 112(2), 318(4)
Subjects
- bail
- regular bail
- false implication
- arms possession
- gambling offences
- Bharatiya Nyaya Sanhita
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87873 of 2025
Arising Out of PS. Case No.-669 Year-2025 Thana- PIRBAHOR District- Patna
======================================================
Rashid Hussain, S/o Tahir Hussain, R/o Dr. Arun Muzan Bank Colony,
Sabjibagh, Police Station- Pirbahore, District-Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Krishna Jha, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 20-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Pirbahor P.S. Case
no.669 of 2025, registered under sections 318(4) and 112(2) of
the Bharatiya Nyaya Sanhita, 2023, sections 3 and 4 of the
Bengal Public Gambling Act, 1867 and sections 25(1-B)(a), 26
and 35 of the Arms Act.
3. As per the prosecution case, on information having
been received about the accused persons being present in the
house of the petitioner, it is stated that a raid was conducted.
Though the petitioner was not present in his house, the search
was conducted in the presence of his wife wherein four live
cartridges besides other articles including various documents
connected with the bank etc. were recovered as stated in detail
Patna High Court CR. MISC. No.87873 of 2025(3) dt.20-02-2026
2/2
in the F.I.R.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. No
incriminating article has been recovered from his possession or
from his house. The reason for false implication is his
antecedents. He is in custody since 14.10.2025 and charge-sheet
has been submitted in the case.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the F.I.R., the
petitioner having remained in custody for over 4 months since
14.10.2025 and charge-sheet having been submitted in the case,
the petitioner is directed to be enlarged on bail in connection
with Pirbahor P.S. Case no.669 of 2025, on furnishing bail bond
of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Patna.
(Partha Sarthy, J)
avinash/-
U T
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