Patna High Court
Wasim @ Vasim @ BasuaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to a bond, sureties, and attendance conditions.
Summary
The petitioner, Wasim, was arrested during a police raid on a suspected illegal gun‑manufacturing site and charged under several provisions of the Arms Act. He contended that no arms were found in his conscious possession and that the seizure was from the premises of another individual, asserting his innocence despite having prior criminal records. The State opposed bail, highlighting his five criminal antecedents. The court examined the facts, noting the lack of direct possession evidence and the petitioner’s prolonged pre‑trial detention since July 2025. Considering these circumstances, the court ordered his release on regular bail with a bond and sureties, imposing conditions of cooperation and regular attendance at the police station. The bail was granted subject to compliance with the stipulated conditions.
Issues considered
- Whether regular bail can be granted to the petitioner despite his criminal antecedents and the nature of the offences under the Arms Act.
- Whether the absence of arms in the petitioner's conscious possession warrants bail.
Legislation cited
- Arms Act, 1959 — s. 25(1)a, 25(1-b)A, 26(I), 26(ii), 35
Subjects
- regular bail
- Arms Act
- criminal antecedent
- possession
- police raid
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8819 of 2026
Arising Out of PS. Case No.-111 Year-2025 Thana- MORKAHI District- Khagaria
======================================================
Wasim @ Vasim @ Basua S/o Late Md. Jahangir R/o Village- Mirzapur
Bardah, P.S- Muffasil, Dist- Munger.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjiv Kumar Singh, Advocate
For the Opposite Party/s : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 19-02-2026 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-b)A,
25 (1) a, 26 (I), 26 (ii) and 35 of the Arms Act. o
3. The case of the prosecution, in short, is that police
received confidential information that one Guddu Paswan was
running a mini gun factory with his associates. Acting upon the
said information, the police conducted a raid at the place of
occurrence i.e. ‘basa’ of Guddu Paswan which is stated to be
surrounded by bushes. It is further alleged that upon arrival of
the police party, the accused persons attempted to flee from the
spot. During the course of such alleged fleeing, three persons
were apprehended by the police and the petitioner is one among
Patna High Court CR. MISC. No.8819 of 2026(2) dt.19-02-2026
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them.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that a
perusal of the seizure list would reveal that the alleged recovery
was made from the ‘basa’ of Guddu Paswan and from there
three pistols, one semi-manufactured pistol and certain articles
allegedly used in the manufacturing of arms were recovered. It
is further submitted that although the petitioner is having
criminal antecedent, the seizure list itself discloses that the
seizure was made from the ‘basa’ of Guddu Paswan and not
from the conscious possession of this petitioner. No
incriminating article was recovered from the conscious
possession of this petitioner. Moreover, the petitioner is
languishing in judicial custody since 23.07.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular bail stating that the petitioner has five
criminal antecedents.
6. Considering the aforesaid 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 Morekahi P.S. Case No. 111 of 2025 on
Patna High Court CR. MISC. No.8819 of 2026(2) dt.19-02-2026
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furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
ACJM -1st Khagaria, subject to the condition that the petitioner
shall cooperate in the trial and shall remain physically present
on each and every date fixed by the learned court below. The
petitioner shall further mark his attendance once every week at
the concerned police station until conclusion of the trial.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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