Md. Ashif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28096 of 2025 Arising Out of PS. Case No.-104 Year-2025 Thana- KANKARBAG District- Patna ====================================================== Md. Ashif S/o Md. Jamaluddin @ Jamaludin R/o Pirmuhani, Muslim Kbristhan, P.s. - Gandhimaidan, Distt.- Patna, at present Kumhar Toli, P.S.- Kankarbagh, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kankarbagh P.S. Case No. 104 of 2025 instituted for the offences under Sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per prosecution case, the police has recovered three pistol, seven life cartridges were recovered from the house of the co-accused Aman Kumar. From the possession of the petitioner, one mobile has been recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been

Patna High Court CR. MISC. No.28096 of 2025(2) dt.12-05-2025 2/3 recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized arms and ammunition. The alleged mobile recovered from the possession of the petitioner is his own mobile. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 30.01.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kankarbagh P.S. Case No. 104 of 2025, subject to the following conditions;

(i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall

Patna High Court CR. MISC. No.28096 of 2025(2) dt.12-05-2025 3/3 be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T