Allowed¶6

Md. Sharif v. The State of Bihar

Bail granted – Arms Act

Patna HC12 Mar 2026CR. MISC./13580/2026

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What is this about?

Patna High Court, Crl. Misc. No.13580 of 2026 (decided 12-03-2026), Ashok Kumar Pandey, J — bail allowed in Gogari P.S. Case No. 203 of 2025, Arms Act Ss. 25(1-AA) and 35; defence raised S. 105 BNSS seizure-compliance point; custody since 16.08.2025; bail bond Rs. 10,000/- with two sureties before JM 1st Class, Khagaria.

What did the court decide?

Both petitioners enlarged on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Khagaria, in connection with Gogari P.S. Case No. 203 of 2025. ¶6

Md. Sharif Vs The State of Bihar — Patna HC (2026) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13580 of 2026

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Arising Out of PS. Case No.-203 Year-2025 Thana- GOGRI District- Khagaria

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======================================================

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Md. Sharif S/o Md. Jahangir @ Shekh Jahangir R/o Village - Itahari, Ward No. 02, P.S - Gogari, District - Khagaria

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Md. Jawed @ Jawed S/o Md. Jahangir @ Shekh Jahangir R/o Village - Itahari, Ward No. 02, P.S - Gogari, District - Khagaria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kishore Bharti, Advocate For the Opposite Party/s : Mr. Rajiv Nayan, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

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2 12-03-2026

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Heard learned counsel for the petitioners and learned

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APP for the State.

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The petitioners have prayed for bail in connection with Gogari P.S. Case No. 203 of 2025 registered for the offence punishable under Sections 25(1-AA), 35 of the Arms Act.

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The case of the prosecution, in short, is that from the joint house of these petitioners below the earth, country-made pistol and a half-manufactured part of the pistol were recovered.

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Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. He also submits that the informant of this case has filed this case in revenge, as he has filed a case against petitioner no. 1

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Patna High Court CR. MISC. No.13580 of 2026(2) dt.12-03-2026 2/2

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while he was in custody, and due to that, he was suspended. He also submits that nothing has been recovered from the possession of these petitioners. The witnesses of the seizure list are police personnel and the police has not complied with Section 105 of the BNSS while making the seizure. He further submits that a statement has been made in para 3 of the petition that petitioner no. 2 has got no criminal antecedent whereas petitioner no. 1 has criminal antecedent of one case. Petitioners are languishing in judicial custody since 16.08.2025.

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

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Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1^st Class, Khagaria in connection with Gogari P.S. Case No. 203 of 2025.

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(Ashok Kumar Pandey, J)

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Sudhanshu/-

Md. Sharif v. The State of Bihar

Case brief

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Md. Sharif v. The State of Bihar

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