Md. Abbas Shah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50350 of 2026 Arising Out of PS. Case No.-24 Year-2026 Thana- HALSI District- Lakhisarai ====================================================== Md. Abbas Shah S/O Md Jamal Shah R/O Village- Premdiha, P.O.- Mohaddinagar, P.S.- Halsi, Dist.- Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-07-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Halsi P.S. Case No. 24 of 2026, instituted for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. The prosecution case, in short, is that one country made pistol along with one live cartridge has been recovered in this case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. It is next submitted that the
Patna High Court CR. MISC. No.50350 of 2026(2) dt.22-07-2026 2/2 petitioner has got no concern with the alleged recovery of arms. The petitioner is in custody since 29.01.2026 and has got one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Halsi P.S. Case No. 24 of 2026.
(Rudra Prakash Mishra, J) Rajorshi/- U T