Patna High CourtCR. MISC./86405/2025allowed

Md. Hannan @ Hannam v. The State Of Bihar

2025-12-17Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86405 of 2025 Arising Out of PS. Case No.-134 Year-2025 Thana- KHAJAULI District- Madhubani ====================================================== Md. Hannan @ Hannam S/o Md. Akhtar R/o Village - Inarwa Ward no. 13, P.S - Khajauli , District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate Mr.Ravi Prakash, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25 (1), 25 (1-b) (a), 25 (1-A), 25 (1-AA), 25 (6) (7) & (8), 26 and 29 of the Arms Act.

3. The case of the prosecution is that from the plastic bag allegedly possessed by the petitioner, two country made pistols, two carbines, two empty magazines and eleven live cartridges were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that

Patna High Court CR. MISC. No.86405 of 2025(2) dt.17-12-2025 2/2 nothing has been recovered from the conscious possession of this petitioner. It is further submitted that while making the seizure, the mandatory provision of section 105 of the Cr.P.C. was not complied with. Moreover, the petitioner is languishing in judicial custody since 09.07.2025 having no criminal antecedent.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Khajauli P.S. Case No. 134 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Madhubani.

(Ashok Kumar Pandey, J) Jagdish/- U T