Patna High Court
Md. Anasarul @ Md. AnsharulversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
- Arms Act, 1959 — s. 25(1-B)(a), 26(2), 35
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
Checking your session…