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Patna High Court

Md. Taushik @ Md. TausikversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is to be granted to the petitioner subject to strict conditions and sureties.

Summary

The petitioner, Md. Taushik, a 19‑year‑old student, was arrested in connection with a case alleging recovery of 15 live cartridges, a pistol, and Rs.33,000 from his residence, charging him under Section 111(3) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑B)(a), 26 and 35 of the Arms Act. He contended that the seized items were not in his conscious possession, that he had no prior criminal record, and that the charge‑sheet had already been filed. The State opposed bail, citing the seriousness of the offences. The Court, after considering the facts and submissions, ordered the petitioner’s release on bail upon furnishing a Rs.10,000 bond with two sureties and imposed several conditions, including regular court appearances and non‑tampering with evidence. The bail order was conditioned on the bailors being close relatives and on the petitioner’s compliance with the stipulated terms.

Issues considered

  • Whether bail should be granted in a case involving offences under Section 111(3) of the Bharatiya Nyaya Sanhita and the Arms Act.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
  • Whether the circumstances of the alleged recovery justify the denial or grant of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • arms possession
  • presumption of innocence
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.92043 of 2025
                      Arising Out of PS. Case No.-374 Year-2025 Thana- KHAJEKALA District- Patna
                 ======================================================
                 Md. Taushik @ Md. Tausik Son of Md. Guddu @ Mohammad Guddu
                 Resident of Village- Sabalpur, P.S.- Nadi, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. S.M. Ashraf, Sr. Adv.
                                                  Mr. Md Ejaz Akhtar, Adv.
                                                  Ms. Huma Yunus, Adv.
                                                  Mr. Shehan Ashraf, Adv.
                 For the Opposite Party/s :       Mr. Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   15-01-2026                      Heard learned counsel for the petitioner and

                   learned A.P.P for the State.

                                 2. The petitioner seeks bail in connection with

                   Khajekala P.S. Case No. 374 of 2025 dated 12.09.2025

                   registered for the offence punishable under Section 111(3)

                   of the Bharatiya Nyaya Sanhita, 2023, Sections 25(1-B)(a),

                   26 and 35 of the Arms Act.

                                 3. Allegation is of recovery of 15 live cartridges,

                   one country made pistol as well as Rs. 33,000/- from the

                   house of the petitioner.

                                 4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has been falsely implicated in
Patna High Court CR. MISC. No.92043 of 2025(2) dt.15-01-2026
                                            2/3




          this case. It is submitted that nothing has been recovered

          either from conscious possession of the petitioner or from

          his house. It is further submitted that the alleged seized

          articles kept in Almirah have been recovered from the joint

          family house of the petitioner and the petitioner was not

          arrested from the place of occurrence. Further, it is

          submitted that the petitioner is a student aged about 19

          years. Lastly, it has been submitted that the petitioner is in

          custody since 13.09.2025, having no criminal antecedent

          and charge-sheet has been submitted in the case.

                       5. Learned A.P.P for the State opposes the prayer

          for bail of the petitioner.

                       6. Having considered the facts and circumstances

          of the case and submissions of learned counsel for the

          parties, let the petitioner be released on bail upon furnishing

          bail bonds of Rs. 10,000/- (ten thousand) with two sureties

          of the like amount each to the satisfaction of the learned

          Judicial Magistrate, Patna City, Patna in connection with

          Khajekala P.S. Case No. 374 of 2025, subject to the

          following conditions:-

                                  1. Petitioner shall co-operate in the trial and
            Patna High Court CR. MISC. No.92043 of 2025(2) dt.15-01-2026
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                                      shall be properly represented on each and every
                                      date fixed by the Court and on his absence on two
                                      consecutive dates without sufficient reason, his bail
                                      bond shall be cancelled by the Court below.

                                              2. One of the bailors will be his own blood
                                      relation, preferably father, mother, brother, sister
                                      and or his wife.

                                              3. The bailor shall also state on affidavit that
                                      he will inform the court concerned if the petitioner
                                      is made accused in any other case of similar nature
                                      after his release in the present case and thereafter
                                      the court below will be at liberty to initiate the
                                      proceeding for cancellation of bail on ground of
                                      misuse.

                                              4. 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.



                                                   (Khatim Reza, J)
prabhat/-

U       T


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