Ali Mohammad Ashraf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89605 of 2025 Arising Out of PS. Case No.-86 Year-2025 Thana- JAMALPUR RAIL P.S. DistrictLakhisarai ====================================================== Ali Mohammad Ashraf S/O Md. Nasim R/O Village- Purabsarai Kamela Road, P.S-Purabsarai, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-01-2026 Heard learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP for the State.

2. The petitioner has prayed for regular bail in connection with Jamalpur Rail P.S. Case No. 86 of 2025 registered for the offence punishable under Sections 25(1-b)A and 2691)(3) of the Arms Act.

3. The case of the prosecution, in short, is that from a bag of the petitioner, one country made pistol, 27 live cartridge and one additional magazine of the pistol were recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner submits that as per the FIR, arms were provided to the petitioner by one principal,

Patna High Court CR. MISC. No.89605 of 2025(2) dt.15-01-2026 2/2 Jawed Parwez only for the night and the petitioner was carrying it for him. Learned counsel for the petitioner has submitted that while making seizure police has not complied Section 105 of the BNSS and the witnesses of the seizure list are police personnel. Learned counsel for the petitioner has submitted that the petitioner has got no criminal antecedent and is in judicial custody since 22.08.2025.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Rail Kiul, Lakhisarai in connection with Jamalpur Rail P.S. Case No. 86 of 2025. (Ashok Kumar Pandey, J) durgesh/- U T