Patna High CourtCR. MISC./88367/2025bail granted

Md. Azad v. The State Of Bihar

2026-01-12Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88367 of 2025 Arising Out of PS. Case No.-149 Year-2025 Thana- SARSI District- Purnia ====================================================== Md. Azad Son Of Md. Jabbar Alam @ Md. Jabbar Resident Of Village- Sarsi, P.S.- Sarsi, District- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikram Singh, Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sarsi P.S. Case No. 149 of 2025, 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 from the possession of co-accused persons and the petitioner was arrested on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that no any arms have been recovered

Patna High Court CR. MISC. No.88367 of 2025(2) dt.12-01-2026 2/2 from the possession of the petitioner rather the same has been recovered from the possession of other co-accused persons. It is further submitted that the petitioner has got no concern with the alleged recovery of arms. The petitioner is in custody since 12.08.2025 and has got one criminal antecedent in which he is on bail. 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 Sarsi P.S. Case No. 149 of 2025.

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