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Patna High Court

Mohammad Afroj @ Mohammad Afroj Ansari @ Afroz AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                                      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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