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Patna High CourtCR. MISC./92058/2025bail granted

Mohammad Afroj @ Mohammad Afroj Ansari @ Afroz Ansari v. The State Of Bihar

2026-01-15Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.92058 of 2025 Arising Out of PS. Case No.-691 Year-2025 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Mohammad Afroj @ Mohammad Afroj Ansari @ Afroz Ansari, S/o Mohammad Shahebjan Ansari @ Sahebjan Miya Resident of VillageBindusar Hamid, Ps- Siwan Muffasil, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-01-2026 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Siwan (Muffasil) P.S. Case No. 691 of 2025 dated 26.09.2025 registered for the offence punishable under Sections 25(1-b)(a), 26 and 35 of the Arms Act.

3. Allegation is of recovery of one country made pistol and one live cartridge from waist of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that nothing has been recovered either from conscious possession of the petitioner or from

Patna High Court CR. MISC. No.92058 of 2025(2) dt.15-01-2026 2/3 his house. It is further submitted that the petitioner was not present at the place of occurrence, rather, the police arrested him from his house and falsely implicated in this forged and concocted case. Lastly, it has been submitted that the petitioner is in custody since 26.09.2025, having one criminal case against him and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Siwan in connection with Siwan (Muffasil) P.S. Case No. 691 of 2025, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood

Patna High Court CR. MISC. No.92058 of 2025(2) dt.15-01-2026 3/3 relation, preferably father, mother, brother, sister and or his wife.

3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. 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.

(Khatim Reza, J) prabhat/- U T