Md. Taushik @ Md. Tausik v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92043 of 2025 Arising Out of PS. Case No.-374 Year-2025 Thana- KHAJEKALA District- Patna ====================================================== Md. Taushik @ Md. Tausik Son of Md. Guddu @ Mohammad Guddu Resident of Village- Sabalpur, P.S.- Nadi, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. S.M. Ashraf, Sr. Adv.
Mr. Md Ejaz Akhtar, Adv.
Ms. Huma Yunus, Adv.
Mr. Shehan Ashraf, Adv.
For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, 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 Khajekala P.S. Case No. 374 of 2025 dated 12.09.2025 registered for the offence punishable under Section 111(3) of the Bharatiya Nyaya Sanhita, 2023, Sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. Allegation is of recovery of 15 live cartridges, one country made pistol as well as Rs. 33,000/- from the house of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in
Patna High Court CR. MISC. No.92043 of 2025(2) dt.15-01-2026 2/3 this case. It is submitted that nothing has been recovered either from conscious possession of the petitioner or from his house. It is further submitted that the alleged seized articles kept in Almirah have been recovered from the joint family house of the petitioner and the petitioner was not arrested from the place of occurrence. Further, it is submitted that the petitioner is a student aged about 19 years. Lastly, it has been submitted that the petitioner is in custody since 13.09.2025, having no criminal antecedent 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 Judicial Magistrate, Patna City, Patna in connection with Khajekala P.S. Case No. 374 of 2025, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and
Patna High Court CR. MISC. No.92043 of 2025(2) dt.15-01-2026 3/3 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 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