Patna High Court
MD. AZADversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Arms Act, 1959 — s. 25(1-B)(a), 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
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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