Patna High Court
Ali Mohammad AshrafversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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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