Md Shabbir Hasan @ Tipu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11006 of 2026 Arising Out of PS. Case No.-188 Year-2025 Thana- MUNGER MUFFASIL District- Munger ====================================================== Md Shabbir Hasan @ Tipu Son of Md Kamaruddin @ Mohammad Kamruddin Resident of Village - Chakhasim, P.S. - Moffasil, District - Munger.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Murad Ashraf, Advocate For the Opposite Party/s :
Mr. Madhura Nand Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Muffasil P.S. Case No. 188 of 2025 registered for the offence punishable under Sections 111(2), 111(4) and 3(5) of B.N.S., Section 25(1-A), 25(1-AA), 25(1-B)(a), 25(1-B)(c), 26(1), 26(2) and 35 of the Arms Act.
3. The case of the prosecution, in short, is that from the house of this petitioner, huge quantity of illegal arms along with equipment for manufacturing arms, iron magazine, cartridges and smart phone were recovered.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.11006 of 2026(2) dt.18-02-2026 2/3 committed no offence. He has been falsely implicated in this case. Nothing has been recovered from his conscious possession. The witnesses of the seizure list are police personnel and police has not complied Section 105 of BNSS while preparing the seizure list. Learned counsel has further submitted that in para-7 of the seizure list, it is not described as to the seized articles were sealed or not. In the case of Arms Act, if the seized articles were not sealed or packed at the place of the occurrence, this gives serious doubt over the preparation of seizure. Moreover, the petitioner is languishing in judicial custody since 06.06.2025.
5. Learned APP appearing for the State has vehemently opposed the application for bail and has submitted that the petitioner is having criminal antecedent of four cases.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Munger in connection with Muffasil P.S. Case No. 188 of 2025.
7. The petitioner is directed to cooperate in the trial
Patna High Court CR. MISC. No.11006 of 2026(2) dt.18-02-2026 3/3 and to be present in the trial court whenever required. (Ashok Kumar Pandey, J) Shubham/- U T