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Patna High Court

MD. AZADversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

Holding

The Court inclined to grant bail to the petitioner.

Summary

The petitioner, Md. Azad, was arrested in connection with a case involving the recovery of a pistol and a live cartridge from co-accused persons, and was charged under Sections 25(1‑B)(a), 26 and 35 of the Arms Act. He contended that no arms were found in his personal possession and that he was falsely implicated, also highlighting the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application, arguing the seriousness of the offences. The Court examined the facts, noted the petitioner’s custody since 12‑08‑2025 and his prior criminal antecedent, and considered the absence of incriminating material directly linking him to the weapons. Finding that the circumstances did not warrant continued detention, the Court decided to grant bail. Accordingly, bail was ordered on a bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the accused under the Arms Act offences given the facts of the case
  • Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail decision

Legislation cited

Subjects

  • bail
  • Arms Act
  • Section 103
  • Bharatiya Nagarik Suraksha Sanhita
  • criminal procedure
  • Purnia
  • possession of arms

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88367 of 2025
                         Arising Out of PS. Case No.-149 Year-2025 Thana- SARSI District- Purnia
                 ======================================================
                 Md. Azad Son Of Md. Jabbar Alam @ Md. Jabbar Resident Of Village- Sarsi,
                 P.S.- Sarsi, District- Purnia
                                                                         ... ... Petitioner/s
                                                Versus
                 The State Of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vikram Singh, Advocate
                 For the Opposite Party/s :        Mr. Anish Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

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

                   APP for the State.

                                2. The petitioner seeks bail in connection with Sarsi

                   P.S. Case No. 149 of 2025, instituted for the offences punishable

                   under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

                                3. The prosecution case, in short, is that one country

                   made pistol along with one live cartridge has been recovered

                   from the possession of co-accused persons and the petitioner

                   was arrested on spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. Learned counsel for

                   the petitioner also submits that no any arms have been recovered
             Patna High Court CR. MISC. No.88367 of 2025(2) dt.12-01-2026
                                                         2/2




                       from the possession of the petitioner rather the same has been

                       recovered from the possession of other co-accused persons. It is

                       further submitted that the petitioner has got no concern with the

                       alleged recovery of arms. The petitioner is in custody since

                       12.08.2025 and has got one criminal antecedent in which he is

                       on bail. There is no compliance of Section 103 of the Bharatiya

                       Nagarik Suraksha Sanhita, 2023.

                                    5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner.

                                    6. Considering the aforesaid facts and circumstances

                       of the case and taking into account the period of custody

                       undergone by the petitioner, this Court is inclined to grant bail

                       to the petitioner.

                                    7. Let the petitioner be released on bail on furnishing

                       bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Sarsi P.S. Case No.

                       149 of 2025.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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