Patna High Court
Mohammad Afroj @ Mohammad Afroj Ansari @ Afroz AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Mohammad Afroj Ansari, was arrested on 26 September 2025 after police claimed to have recovered a country-made pistol and a live cartridge from his waist. He filed a bail petition challenging the arrest, asserting that he was not present at the scene, that the weapons were not in his possession, and that he had been falsely implicated. The State opposed the bail, relying on the alleged possession of illegal arms under Sections 25(1‑b)(a), 26 and 35 of the Arms Act. The court examined the material on record, noted the petitioner’s claim of innocence, and considered the nature of the offence and the need to ensure his cooperation in the trial. It concluded that bail could be granted subject to strict conditions to safeguard the trial process. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties and compliance with several conditions.
Issues considered
- Whether bail should be granted to the petitioner in a case registered under Sections 25(1‑b)(a), 26 and 35 of the Arms Act
- Whether the alleged possession of a country‑made pistol and live cartridge justifies denial of bail
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 35
Subjects
- bail
- Arms Act
- illegal weapons
- pre‑trial detention
- criminal procedure
- section 25(1‑b)(a)
- section 26
- section 35
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92058 of 2025
Arising Out of PS. Case No.-691 Year-2025 Thana- SIWAN MUFFASIL District- Siwan
======================================================
Mohammad Afroj @ Mohammad Afroj Ansari @ Afroz Ansari, S/o
Mohammad Shahebjan Ansari @ Sahebjan Miya Resident of Village-
Bindusar Hamid, Ps- Siwan Muffasil, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Adv.
For the Opposite Party/s : Mr. Mohammad Sufyan, 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
Siwan (Muffasil) P.S. Case No. 691 of 2025 dated
26.09.2025 registered for the offence punishable under
Sections 25(1-b)(a), 26 and 35 of the Arms Act.
3. Allegation is of recovery of one country made
pistol and one live cartridge from waist of the petitioner.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in
this case. It is submitted that nothing has been recovered
either from conscious possession of the petitioner or from
Patna High Court CR. MISC. No.92058 of 2025(2) dt.15-01-2026
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his house. It is further submitted that the petitioner was not
present at the place of occurrence, rather, the police arrested
him from his house and falsely implicated in this forged and
concocted case. Lastly, it has been submitted that the
petitioner is in custody since 26.09.2025, having one
criminal case against him 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
C.J.M., Siwan in connection with Siwan (Muffasil) P.S.
Case No. 691 of 2025, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and
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
Patna High Court CR. MISC. No.92058 of 2025(2) dt.15-01-2026
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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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