Patna High Court
Waziuddin Khan @ Wazuddin KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 25, 25(1-B)(a), 26, 35
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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