Patna High Court
Md. Israil Haque @ Md. Ijrail Haque @ Chhotu Ansari @ Chotu AnsariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioners are entitled to regular bail.
Summary
The petitioners, Md. Shahid Alam and Md. Israil Haque, were arrested under several provisions of the Arms Act for allegedly manufacturing and possessing illegal firearms ahead of the Assembly elections. The police claimed they had intelligence that the accused were planning to disrupt the elections and that Shahid Alam was manufacturing a country‑made pistol, but a search of his house yielded no contraband; the seized weapons were recovered from the house of his uncle, Md. Moinuddin Ansari. The petitioners argued that no arms were found in their possession and that they had been in judicial custody since 7 September 2025, warranting regular bail. The State opposed the bail application. After considering the lack of direct recovery from the petitioners, the prolonged detention, and the circumstances of the case, the court ordered that both petitioners be released on regular bail upon furnishing a bond of Rs 10,000 each with two sureties.
Issues considered
- Whether the petitioners are entitled to regular bail despite being charged under the Arms Act provisions
- Whether the evidence of possession and manufacturing is sufficient to justify denial of bail
Legislation cited
- Arms Act — s. 25(1-A), 25(1-AA), 25(1-B)a, 25(1-B)(c), 26(1), 26(2), 35
Subjects
- regular bail
- Arms Act
- pre‑trial detention
- manufacturing illegal firearms
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85761 of 2025
Arising Out of PS. Case No.-435 Year-2025 Thana- JHAJHA District- Jamui
======================================================
Md. Shahid Alam S/o Md. Zamir Ansari Resident of Village- Barajore, P.S.-
Jhajha, District- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 89891 of 2025
Arising Out of PS. Case No.-435 Year-2025 Thana- JHAJHA District- Jamui
======================================================
Md. Israil Haque @ Md. Ijrail Haque @ Chhotu Ansari @ Chotu Ansari Son
of Md. Sabiruddin Ansari @ Sabruddin Ansari @ Sabiruddin Ansari Resident
of Village - Barajore, P.S. - Jhaja, District - Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 85761 of 2025)
For the Petitioner/s : Mr. Rabindra Kumar, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
(In CRIMINAL MISCELLANEOUS No. 89891 of 2025)
For the Petitioner/s : Mr. Rabindra Kumar, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioners and learned
APPs for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under Sections 25(1-
A), 25(1-AA), 25(1-B)(c), 25(1-B)a, 26(1), 26(2) and 35 of the
Arms Act.
Patna High Court CR. MISC. No.85761 of 2025(3) dt.11-02-2026
2/3
3. The case of the prosecution, in short, is that police
had information that miscreants are about to commit some
offence for disrupting the Assembly Election. Md. Shahid Alam
is one of them. Police had input that Md. Shahid Alam is
manufacturing country made pistol and selling.
4. Learned counsel for the petitioners submits that
from perusal of the FIR it is clear that when the house of Md.
Shahid Alam was searched, nothing was recovered. The
recovery was made from the house of one Md. Moinuddin
Ansari @ Hafiji who is said to be the uncle of Md. Shahid
Alam. Learned counsel for the petitioners has further submitted
that nothing has been recovered from the possession of Md.
Shahid Alam. As far as Md. Israil Haque is concerned, it has
been submitted that from possession of Md. Israil Haque two
live cartridges were recovered. Learned counsel for the
petitioners has submitted that main recovery has been made
from the house of Md. Moinuddin Ansari and Md. Shahid has
been implicated on the pretext that he used to keep the articles
of manufactured country made pistol at the house of Md.
Moinuddin Ansari. Learned counsel has lastly submitted that the
petitioners are languishing in judicial custody since 07.09.2025.
5. Learned APPs appearing for the State have
Patna High Court CR. MISC. No.85761 of 2025(3) dt.11-02-2026
3/3
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Jhajha P.S. Case No. 435 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) each of them with two sureties of the
like amount each to the satisfaction of learned Chief Judicial
Magistrate, Jamui.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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