Patna High Court
Md. Taushik @ Md. TausikversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 111(3)
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
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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
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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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