Mohammad Ehsan @ Md Ehsan @ Azam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18792 of 2026 Arising Out of PS. Case No.-693 Year-2025 Thana- KADAMKUAN District- Patna ====================================================== Mohammad Ehsan @ Md Ehsan @ Azam S/O Late Md. Naushad Resident of Jamun Gali, Sabzibagah, P.S. Pirbahore, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shadab Akhter For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-04-2026 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act.

3.

Learned counsel for the petitioner submits that petitioner has antecedent of one case and the informant alleges that on 3-10-2025 at 5:30 pm, during immersion of goddess Durga, three accused came on a scooty and the pillion rider was seen waving a gun, the police chased when two accused fled and Md. Ehsan was apprehended with a country-made pistol along with six live cartridges and a mobile.

4.

Learned counsel for the petitioner submits that from perusal of the allegations as alleged in the FIR, it would

Patna High Court CR. MISC. No.18792 of 2026(2) dt.02-04-2026 2/3 manifest that petitioner was not apprehended from the spot and his name transpired in the confessional statement of apprehended accused in police custody which does not have any evidentiary value. It is next submitted that Shahnawaz Alam @ Aryan had approached this Court seeking anticipatory bail by filing Cr. Misc No. 9559 of 2026 and the same came to be allowed by an order dated 26-2-2026 passed by a learned Coordinate Bench. It is further submitted that the name of Shahnawaz like petitioner transpired in the confessional statement of the apprehended accused. It is also submitted that if privilege of anticipatory bail is granted to the petitioner, petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection

Patna High Court CR. MISC. No.18792 of 2026(2) dt.02-04-2026 3/3 with Kadamkuan P.S. Case No. 693 of 2025, subject to the conditions as laid down under Section 482 (2) of the BNSS. 7.

One of the bailors of the petitioner shall be his cousin brother, Mohammad Amin Uddin.

8.

However, it is made clear that in the event, if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner, despite giving assurance to this Court, is not cooperating in the investigation, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. (Satyavrat Verma, J) Sumit/- U T