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Patna High Court

Md. Sharif @ Katku @ Md. Sharif Mansuri @ Katku Mian @ KarkuversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that bail could not be granted as the seriousness of the offences and the petitioner's antecedent warranted continued detention.

Summary

The petitioner, Md. Sharif, was arrested in connection with a case registered under Section 111 of the BNS and multiple sections of the Arms Act for allegedly operating a mini gun factory at his residence. He applied for regular bail, arguing that he is an elderly person, has been in custody since August 8, 2025, and that the firearms and manufacturing equipment were seized from his house while he was absent. The State opposed the bail, highlighting the seriousness of the allegations, the recovery of firearms and equipment, and a prior criminal antecedent under the Arms Act. The court considered these factors and deemed the offence grave enough to warrant continued detention. Consequently, the court rejected the bail application, ordering that the petitioner remain in custody.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the alleged offences under the BNS and Arms Act
  • Whether the prior criminal antecedent and the recovery of firearms in the petitioner's absence justify denial of bail

Legislation cited

Subjects

  • regular bail
  • Arms Act
  • illegal firearms
  • mini gun factory
  • criminal antecedent
  • serious offence
  • detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90102 of 2025
                   Arising Out of PS. Case No.-147 Year-2025 Thana- SULTANGANJ District- Bhagalpur
                 ======================================================
                 Md. Sharif @ Katku @ Md. Sharif Mansuri @ Katku Mian @ Karku S/O
                 Late Md. Zafar Resident of Village- Ghorghat, P.S- Sultanganj, Distt.-
                 Bhagalpur.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ravi Prakash Dwivedi, Adv.
                 For the Opposite Party/s :      Mr.Rajiv Nayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   13-01-2026                  Heard the parties.

                                2. Petitioner seeks regular bail in connection with

                   Sultanganj P.S. Case No. 147/ 2025 registered for the offence(s)

                   punishable under Section 111 of the BNS and under sections

                   25(1-AA), 25(1), 25(1-B)(c), 26, 28 and 35 of the Arms Act.

                                3. As per the allegation, on receipt of secret

                   information that in the house of petitioner, a mini gun factory

                   was being run, raid was conducted and several manufactured

                   firearms and equipments for manufacturing firearms were

                   recovered.

                                4. The main submissions advanced by the petitioner’s

                   counsel are that the petitioner, who is an old person, has been

                   languishing in jail since 08.08.2025, at the time of alleged
            Patna High Court CR. MISC. No.90102 of 2025(2) dt.13-01-2026
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                      recovery he was not present in his house, he was not

                      apprehended on the spot and the recovery of firearms and

                      equipments purportedly used for manufacturing firearms was

                      made in his absence.

                                   5. The learned APP appearing for the State has

                      opposed the bail prayer of the petitioner.

                                   6. Considering the seriousness of the allegation

                      appearing against the petitioner and as per prosecution he was

                      found running mini gun factory in his house and several

                      equipments used for manufacturing the firearms as well as

                      manufactured firearms were recovered from his house coupled

                      with the criminal antecedent of one case against him relating to

                      the offences under the Arms Act, this court is not inclined to

                      release the petitioner on bail. Accordingly, his prayer stands

                      rejected.



                                                (Shailendra Singh, J)
BKS/-

U       T


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