Md. Wasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40971 of 2026 Arising Out of PS. Case No.-30 Year-2026 Thana- SHAMPUR District- Munger ====================================================== Md. Wasim S/o Md. Mustakim Resident of Village - Mirzapur Bardah, P.S - Muffasil, District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr. Sanjiv Kumar Singh, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH ORAL ORDER 27-07-2026 Heard Mr. Ajay Kumar Thakur, learned counsel assisted by Mr. Sanjiv Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Upendra Kumar, learned APP for the State.

2. The present application has been filed on behalf of the petitioner for grant of regular bail in connection with Shampur P.S. Case No. 30 of 2026, for the offence punishable under Sections 25(1-B)a, 25(1-a), 25(1-AA) of the Arms Act.

3. As per the prosecution case, the informant who is a police officer alleged that on information he along with his team raided at the spot and apprehended the petitioner where he along with other co-accused persons were involved in running a mini gun factory from where recovery is of several arms, ammunition

Patna High Court CR. MISC. No.40971 of 2026(3) dt.27-07-2026 2/3 and implements for making arms. Hence the FIR was registered.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel further submits that no independent person has come to make himself as as independent witness of search and seizure of this case, therefore it can be said that Shampur Police has violated Sections 103(4)(5) of the B.N.S.S., 2023. From perusal of seizure list all seized articles belongs to non-prohibited arms, therefore, Sections 25(1-A), 25(1-AA) are not attributable against this petitioner and others. It has further submitted that no incriminating article has been recovered from his conscious possession and except suspicion, there is no material to connect the petitioner with the alleged crime. Petitioner has one criminal antecedent of similar nature and he is in custody since 13.02.2026.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 1st Munger/concerned court in

Patna High Court CR. MISC. No.40971 of 2026(3) dt.27-07-2026 3/3 connection with Shampur P.S. Case No. 30 of 2026, subject to following conditions:- (i) One of the bailors should be family member of the petitioner.

(ii) Petitioner will co-operate in the trial and will remain present on all dates personally or should be duly represented through his counsel and whenever required to be physically present by the court, he should physically appear in the Court on that date.

(iii) 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.

(Kumar Manish, J) Ranjeet/- U T