Mohammad Seraj @ Seraj Ansari @ Mahamad Seraj Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27306 of 2025 Arising Out of PS. Case No.-126 Year-2024 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Mohammad Seraj @ Seraj Ansari @ Mahamad Seraj Ansari, Son of Quamuddin Miyan @ Qyamuddin Miyan, Village -Durg Matihanian, P.S.- Bishambharpur, District -Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Javed Aslam, Advocate For the Opposite Party/s :
Mr. Jagdhar Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 06-05-2025 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Bishambharpur P.S. Case No. 126 of 2024, registered for the offences punishable under Sections 25(1-B)a, 26(1), 35 of the Arms Act.
3. In course of patrolling the police received some secret information regarding assemblage of some persons with weapon, whereupon a raid has been conducted. On noticing the police party, 8-9 persons who were standing there tried to flee away, out of which 8 persons were apprehended, however one persons succeeded in fleeing away. The apprehended person
Patna High Court CR. MISC. No.27306 of 2025(2) dt.06-05-2025 2/3 disclosed the name of the petitioner who succeeded in fleeing away.
4. Learned Advocate appearing on behalf of the petitioner drawing the attention of this Court to the seizure list has contended that allegedly in course of raid a twelve bore single barrel loaded gun alongwith a cartridge were recovered leading to institution of the FIR by making all the persons, who were assembled there as accused. The petitioner has neither any concern with the arms and ammunition in question, nor is any how connected with the accused persons, but only on account of suspicion and the disclosure made by some unscrupulous person, his name has been implicated. The petitioner bears fair antecedent and he undertakes that he will fully cooperate in the proceeding of the Court. Even if the allegation taken to be true, no case much less under Section 25(1-B)a, 26(1), 35 of the Arms Act is made out, is the contention of learned Advocate for the petitioner.
5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that save and except the disclosure made by the apprehended person, there is no material suggesting the complicity of the petitioner in the
Patna High Court CR. MISC. No.27306 of 2025(2) dt.06-05-2025 3/3 crime, coupled with his fair antecedent and specific assertion that he has no concern with the twelve bore single barrel loaded gun alongwith the cartridge, let the petitioner above named be released on bail, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Gopalganj in connection with Bishambharpur P.S. Case No. 126 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) supratim/- U T