Md. Munaaf v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27094 of 2026 Arising Out of PS. Case No.-558 Year-2025 Thana- SUGAULI District- East Champaran ====================================================== Md. Munaaf Son of Sk. Allaudin Resident of Vill.- Ward No. 3, Majhaulia, P.S.- Majhaulia, Dist.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Narayan, Adv :
Mr. Sangeet Deokuliar, Adv For the Opposite Party/s :
Mr. Anil Kr. Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-04-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Sugauli P.S. Case No. 558 of 2025 registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. As per FIR, apprehended co-accused person disclosed the name of this petitioner that this petitioner was also involved in committing theft with him. As per FIR one country-made pistol along with two live cartridges recovered from the possession of apprehended co-accused Bittu Mian.
4. It is submitted by learned counsel appearing on behalf of the petitioner that name of petitioner transpired on the basis of suspicion out of disclosure made by
Patna High Court CR. MISC. No.27094 of 2026(2) dt.28-04-2026 2/3 apprehended co-accused person before police. It is submitted that petitioner and apprehended co-accused are the resident of same village and due to neighborhood disputes and differences arising out of local issues, apprehended co-accused named this petitioner without having any connecting material and moreover disclosure made before police have no sanctity under the law. While concluding argument, it is submitted that petitioner is a man of clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by taking note of fact as prima-facie save and except suspicion out of disclosure made by apprehended co-accused person before police, prima-facie nothing incriminating appears against petitioner, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM Motihari, East
Patna High Court CR. MISC. No.27094 of 2026(2) dt.28-04-2026 3/3 Champaran/concerned Court, where the case is pending in connection with Sugauli P.S. Case No. 558 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS with further condition:- (a). Learned trial court is directed to verify the criminal antecedent of petitioner and, if he is found involved in any criminal case contrary to the submission as advanced aforesaid, bail of petitioner shall not be accepted.
(Chandra Shekhar Jha, J) S.Tripathi/- U T