Patna High Court
Md. Sharif @ Katku @ Md. Sharif Mansuri @ Katku Mian @ KarkuversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SHAILENDRA SINGH
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
- Arms Act — s. 25(1), 25(1-AA), 25(1-B)(c), 26, 28, 35
- Bihar Narcotic Substances Act — s. 111
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
2/2
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
Checking your session…