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Patna High Court

Md. Anasarul @ Md. AnsharulversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is granted regular bail on furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions.

Summary

The petitioner, Md. Anasarul, was arrested after a police raid near the Kamala river recovered a rifle, a motorcycle and a mobile phone. He claims he was merely the driver of the motorcycle and that no weapon was found in his possession, asserting his innocence. The prosecution opposes bail, citing the offences under Sections 25(1‑B)(a), 26(2) and 35 of the Arms Act. The court noted that nothing was recovered from the petitioner’s possession and that he was not the alleged holder of the rifle. Considering these facts, the court directed the petitioner to furnish a bail bond of Rs.10,000 with two sureties and ordered his release on regular bail, subject to cooperation with the trial. The order emphasizes the petitioner’s obligation to appear as required by the court.

Issues considered

  • Whether the petitioner is entitled to regular bail for offences under Sections 25(1‑B)(a), 26(2) and 35 of the Arms Act.
  • Whether the absence of any weapon in the petitioner’s possession justifies the grant of bail.

Legislation cited

Subjects

  • regular bail
  • Arms Act
  • possession
  • driver
  • criminal procedure
  • bail bond
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.9147 of 2026
                       Arising Out of PS. Case No.-501 Year-2025 Thana- ALOULI District- Khagaria
                 ======================================================
                 Md. Anasarul @ Md. Ansharul S/o Late Md. Hasiuddin @ Md. Hasibuddin @
                 Md. Hasimuddin R/o vill - ward no. 2, Aurahidih, P.s.- Alauli, Distt.-
                 Khagaria                                                 ... ... Petitioner/s
                                                 Versus
                 The State of Bihar                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mrs. Vaishnavi Singh, Advocate
                                                   Mr. Ritwik Thakur, Advocate
                                                   Mr. Purushottam Kumar, Advocate
                 For the State            :        Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   26-02-2026                      Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                  2. The petitioner is seeking regular bail in connection

                   with Alauli P.S. Case No. 501 of 2025, registered for the offences

                   punishable under Sections 25(1-B)(a), 26(2) and 35 of the Arms

                   Act.

                                  3. As per the prosecution case, on 14.11.2025, at mid-

                   night, a raid was conducted near the Kamala river, police

                   intercepted two persons including the petitioner travelling on a

                   motorcycle. On search, a rifle, a motorcycle and a mobile phone

                   were recovered.

                                  4. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in

                   this case. He has further submitted that nothing was recovered
             Patna High Court CR. MISC. No.9147 of 2026(2) dt.26-02-2026
                                                         2/2




                       from possession of the petitioner. He was mere a driver of the

                       motorcycle and the rifle was recovered from co-accused Md.

                       Chand. It has further been submitted that the petitioner is in

                       custody since 15.11.2025.

                                     5. On the other hand, the learned APP for the State has

                       opposed the prayer for bail of the petitioner.

                                     6. Nothing was recovered from the possession of the

                       petitioner.

                                     7.   Considering       the    above-mentioned   facts   and

                       circumstances, let the petitioner above-named, is directed to

                       furnish bail bond and on doing so, the court below shall release the

                       petitioner on bail on furnishing bail bonds of Rs.10,000/- with

                       two sureties of the like amount each to the satisfaction of learned

                       Chief Judicial Magistrate, Khagaria in connection with Alauli P.S.

                       Case No. 501 of 2025, subject to the following conditions that the

                       petitioner shall cooperate in the disposal of trial and make

                       himself available as and when required by the court.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

U      T


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