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Patna High Court

Waziuddin Khan @ Wazuddin KhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner, subject to specified conditions.

Summary

The petitioner, Waziuddin Khan, was arrested on 10 July 2025 in connection with a case under the Arms Act (Sections 25(1‑B)(a), 25, 26 and 35) after a motorcycle seizure recovered firearms and ammunition. The prosecution alleged that the petitioner was the pillion rider of the accused Saddab Khan, while the petitioner claimed he had a clean antecedent and that no incriminating articles were found in his possession. The petitioner sought bail, arguing false implication and lack of personal involvement in the seized weapons. The Additional Public Prosecutor opposed bail. Considering the petitioner’s clean record and the absence of seized items from his possession, the court granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the accused under the Arms Act given the facts of the case.
  • Whether the petitioner’s clean antecedent and lack of incriminating articles in his possession justify bail.
  • Whether the conditions imposed by the court are appropriate and sufficient to safeguard the trial process.

Legislation cited

Subjects

  • bail
  • Arms Act
  • criminal antecedent
  • seizure of firearms
  • co‑accused
  • court conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90866 of 2025
                          Arising Out of PS. Case No.-222 Year-2025 Thana- AMAS District- Gaya
                 ======================================================
                 Waziuddin Khan @ Wazuddin Khan Son of Late Jainualabdin Khan @ Late
                 Jainulabidin Khan R/o Village - Jolbigha, P.S. - Pratappur, Dist. -
                 Chatra(Jharkhand).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arvind Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   13-01-2026                      Heard Mr. Arvind Kumar Singh, learned counsel

                   for the petitioner as well as Mr. Pranav Kumar, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   10.07.2025 in connection with Amas P.S. Case No. 222 of 2025,

                   F.I.R. dated 09.07.2025 for the offences punishable under

                   Sections 25(1-B)(a) and 25, 26, 35 of Arms Act.

                               3.     According to prosecution case, the informant

                   alleged that on the basis of secret information, police

                   apprehended one motorcycle which was driven by one Saddab

                   Khan and the petitioner was the pillion rider and on search,

                   recovered two country made pistol, 16 cartridges, one loaded

                   magazine and other items from them.
Patna High Court CR. MISC. No.90866 of 2025(2) dt.13-01-2026
                                            2/3




                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. It appears from the FIR as well as

          seizure list that incriminating articles were recovered from the

          possession of co-accused, namely, Saddab Khan and the

          petitioner has been made accused merely on the ground that he

          accompanied with Saddab Khan and apart from that it also

          appears from the FIR that only one mobile and one motorcycle

          has been recovered from the possession of the petitioner which

          were the own mobile and motorcycle of the petitioner. He

          further submits that the police after investigation submitted the

          charge sheet against the petitioner                  and the petitioner is in

          custody since 10.07.2025.

                      5. The learned Additional Public Prosecutor have

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent and no incriminating articles

          have been recovered from the possession of the petitioner, let

          the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Judicial

          Magistrate-1st Class, Sherghati, Gayaji in connection with Amas
            Patna High Court CR. MISC. No.90866 of 2025(2) dt.13-01-2026
                                                        3/3




                      P.S. Case No. 222 of 2025, subject to the following conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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