Patna High CourtCR. MISC./11295/2026allowed

Md. Asfaque @ Asfaque v. The State Of Bihar

2026-02-24Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11295 of 2026 Arising Out of PS. Case No.-106 Year-2025 Thana- FALKA District- Katihar ====================================================== Md. Asfaque @ Asfaque S/o Md. Maksud @ Mir Makshud Residents of Village- Phuldobhi, Ward No. 07, P.S.- Falka, District-Katihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimal Kumar, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in a case registered under Sections 25(1-b)a/26 of the Arms Act.

3. As per prosecution case, it is alleged that the police on getting secret information conducted raid at the house of petitioner and upon search, recovered a country made pistol from the pocket of petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to ulterior motive. There is no specific allegation attributed to the petitioner. No incriminating article has been recovered from conscious possession of petitioner. The charge sheet has already been submitted and there is no chance of

Patna High Court CR. MISC. No.11295 of 2026(2) dt.24-02-2026 2/2 absconding of the petitioner or tampering with the evidence. Petitioner is in jail since 30.08.2025 having no criminal antecedent and he undertakes to cooperate in the trial.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, submissions of the parties, allegation against the petitioner and the fact that charge sheet has already been submitted as well as the period of custody undergone by him, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Katihar/concerned court in connection with Falka P.S. Case No.106 of 2025.

(Sunil Dutta Mishra, J) Harish/- U T