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Patna High Court

Ali Mohammad AshrafversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner on a bond of Rs.10,000 with two sureties.

Summary

Petitioner Ali Mohammad Ashraf applied for regular bail in a case registered under Sections 25(1‑b)A and 269(3) of the Arms Act, alleging that a pistol, 27 live cartridges and a magazine were seized from his bag. The prosecution claimed the weapons belonged to the petitioner, while his counsel argued he was merely carrying the arms for a principal, Jawed Parwez, for a night and that the seizure violated Section 105 of the BNSS because the seizure list was prepared solely by police. The petitioner asserted innocence, no prior criminal record, and that he had been in judicial custody since 22‑08‑2025. The State opposed bail. After hearing both sides, the court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner under the Arms Act offences.
  • Whether the seizure of the weapons complied with Section 105 of the BNSS.
  • Whether the petitioner’s alleged role as a carrier for a principal negates criminal liability.

Legislation cited

Subjects

  • bail
  • Arms Act
  • seizure procedure
  • Section 105
  • false implication
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89605 of 2025
                     Arising Out of PS. Case No.-86 Year-2025 Thana- JAMALPUR RAIL P.S. District-
                                                       Lakhisarai
                 ======================================================
                 Ali Mohammad Ashraf S/O Md. Nasim R/O Village- Purabsarai Kamela
                 Road, P.S-Purabsarai, District- Munger.
                                                                    ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjan Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioner and Mr.

                   Jitendra Kumar Singh, learned APP for the State.

                                2. The petitioner has prayed for regular bail in

                   connection with Jamalpur Rail P.S. Case No. 86 of 2025

                   registered for the offence punishable under Sections 25(1-b)A

                   and 2691)(3) of the Arms Act.

                                3. The case of the prosecution, in short, is that from a

                   bag of the petitioner, one country made pistol, 27 live cartridge

                   and one additional magazine of the pistol were recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. Learned counsel for the petitioner submits that as per the

                   FIR, arms were provided to the petitioner by one principal,
            Patna High Court CR. MISC. No.89605 of 2025(2) dt.15-01-2026
                                                        2/2




                      Jawed Parwez only for the night and the petitioner was carrying

                      it for him. Learned counsel for the petitioner has submitted that

                      while making seizure police has not complied Section 105 of the

                      BNSS and the witnesses of the seizure list are police personnel.

                      Learned counsel for the petitioner has submitted that the

                      petitioner has got no criminal antecedent and is in judicial

                      custody since 22.08.2025.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the learned

                      Additional Chief Judicial Magistrate, Rail Kiul, Lakhisarai in

                      connection with Jamalpur Rail P.S. Case No. 86 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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