Md Zishan Ali @ Chhote @ Zishan Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36774 of 2026 Arising Out of PS. Case No.-6 Year-2026 Thana- AMAS District- Gaya ====================================================== Md Zishan Ali @ Chhote @ Zishan Ali S/o Maulana Aftab Alam Kadri Resident of Gangti, P.O.-Kothi, P.S.- Kothi, Gaya, Bihar 824210 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dayanand Singh, Advocate :
Mr. Dhananjay Kashyap, Advocate :
Mr. Nagadeo Chaubey, Advocate For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-06-2026 Heard Mr. Dayanand Singh, learned counsel for the petitioner and Mr. Aditya Narayan Singh.1, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 08.01.2026 in connection with Amas P.S. Case No. 06 of 2026 for the offences punishable under Sections 25(1B)(a), 26 and 35 of Arms Act.
3. The case of the prosecution, in brief, is that the police got secret information that some persons are planning a crime near Haridaspur, after verification police arrived at spot and found that 3 persons are standing on the side of the road who started to flee while seeing the police. Police caught them and upon search one country made pistol was found from the
Patna High Court CR. MISC. No.36774 of 2026(2) dt.15-06-2026 2/3 possession of accused namely, Md. Raja and one live cartridge from the possession of accused namely, Imran Khan whereas the accused-petitioner was also standing along with other accused persons.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submits that it appears from the FIR and seizure list that nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made from the co-accused persons namely, Md. Raja and Imran Khan. It is next submitted that the police after investigation submitted the charge sheet on 28.02.2026 and the petitioner is in custody since 08.01.2026.
5. The learned Additional Public Prosecutor for State has vehemently opposed the prayer for bail of the petitioner and submits that petitioner has antecedent of five cases other than the present case but fairly submits that petitioner is on bail in the pending matters.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned JMFC,
Patna High Court CR. MISC. No.36774 of 2026(2) dt.15-06-2026 3/3 Sherghati, Gayaji in connection with Amas P.S. Case No. 06 of 2026, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Gaurav Sinha/- U T