IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73442 of 2025 Arising Out of PS. Case No.-23 Year-2025 Thana- Paura District- Khagaria ====================================================== Md. Mumtaj S/o- Late Alim R/O- Vill- Mirzapur Bardeh, P.S- Muffasil, Distt- Munger ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 87898 of 2025 Arising Out of PS. Case No.-23 Year-2025 Thana- Paura District- Khagaria ====================================================== Md. Wasim Son of Md. Samsuddin Resident of Village- Rasalpur, Muskipur, P.S.- Gogari, District- Khagaria ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 73442 of 2025) For the Petitioner/s : Ms. Eashita Raj, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh.1, A.P.P. (In CRIMINAL MISCELLANEOUS No. 87898 of 2025) For the Petitioner/s : Mr.Ranjeet Kumar Singh, Advocate For the Opposite Party/s : Mr.Bhanu Pratap Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 4 11-02-2026 Both the applications are being heard together as they arise out of common Paura P.S. Case No. 23 of 2025. 2. Heard the learned counsels for the petitioners and the learned APP for the State. 3. The petitioners seeks bail in a case registered for the offence punishable under Sections 25 (1-B)AA, 26 (i) (ii) and 35 of the Arms Act. Patna High Court CR. MISC. No.73442 of 2025(4) dt.11-02-2026 2/3 4. As per the prosecution case, petitioners were apprehended with arms and ammunition. 5. Learned counsels for the petitioners submit that the F.I.R itself would disclose that the so called illegal mini gun factory was being run by one Yogeshar Yadav and the field concerned from where the recovery was made also belongs to him. However, the present two petitioners who were apprehended by the police were merely labourers employed recently by the said Yogeshar Yadav and the firearms do not belong to these petitioners nor are they owners of the manufacturing unit in the field. Further, there is no independent witnesses to the search and seizure and as such there is non- compliance of the mandatory provision thereof. Learned counsel for the petitioners further submits that most of the items seized are all some manufacturing materials and only two fully manufactured pistols and five semi-finished pistols along with other items were recovered. Petitioners are in custody since 01.06.2025 and charge sheet has already been submitted, as such no custodial interrogation would be required. Md. Mumtaj in Cr. Misc. No. 73442 has no criminal antecedent while Md. Wasim in Cr. Misc. No. 87898 has one criminal antecedent. 6. Learned APP for the State opposed the bail petitions. 7. Taking into consideration the facts and circumstances of the case and also considering that the petitioners are not the main perpetrators of the crime but were only employed as labourers and Patna High Court CR. MISC. No.73442 of 2025(4) dt.11-02-2026 3/3 charge sheet having been submitted, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Paura P.S. Case No. 23 of 2025 , subject to the conditions that : (i) One of the bailors will be his close relative/family members. (ii) The petitioners shall remain physically present in court on each and every date till framing of charges and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned. vashudha/- (Soni Shrivastava, J) U T