Patna High Court
Md. Javed @ Md. DulareversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner with specified bond and conditions.
Summary
The petitioner, Md. Javed, sought bail in a case (Mansurchak P.S. Case No. 52 of 2023) involving offences under IPC Sections 414 and 34, and Arms Act Sections 25(1‑B)(a), 26 and 35. The prosecution alleged that a pistol, magazine, and gold and silver ornaments were recovered from co‑accused Md. Mubarak, and the petitioner’s name was linked via Mubarak’s confessional statement. The petitioner contended he was falsely implicated, had no incriminating material in his possession, and that the confessional statement lacked evidentiary value; he also highlighted his two prior criminal antecedents and the lack of compliance with Section 100 of the CrPC. The State opposed bail. Considering the circumstances, the court decided to grant bail, imposing a bond of Rs. 15,000 with two sureties and conditions regarding surety and appearance. The bail order was issued on 13‑01‑2026.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and the evidence linking him to the recovered arms.
- Whether the lack of compliance with Section 100 of the CrPC precludes granting bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Code of Criminal Procedure, 1973 — s. 100
- Indian Penal Code — s. 34, 414
Subjects
- bail
- IPC
- Arms Act
- Section 100 CrPC
- confessional statement
- co‑accused
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88890 of 2025
Arising Out of PS. Case No.-52 Year-2023 Thana- MANSURCHAK District- Begusarai
======================================================
Md. Javed @ Md. Dulare S/O Md. Firoj @ Firoz Ahmad Resident of Village-
Darji Tola Mansur Chak, Ward No. 15, P.S- Mansurchak, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Singh, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Mansurchak P.S. Case No. 52 of 2023, instituted for the
offences punishable under Sections 414, 34 of the Indian Penal
Code, read with Sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. The prosecution case, in short, is that one country
made pistol, one magazine, gold and silver ornaments have been
recovered from the possession of co-accused, namely, Md.
Mubarak.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. No
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incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
also submits that the petitioner was not arrested on spot. Name
of the petitioner has transpired in this case on the basis of
confessional statement made by co-accused, namely, Md.
Mubarak and the same has got no evidentiary value. It is further
submitted that the petitioner has got no concern with the alleged
recovery of arms and other articles. The petitioner is in custody
since 21.06.2025 and has got two criminal antecedents. There is
no compliance of Section 100 of Cr.P.C.
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 Mansurchak P.S.
Case No. 52 of 2023, subject to the following conditions:
(I) One of the bailors shall be own/close member of
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the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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