Patna High Court
Md. Sahil @ Md. Sahil AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Md. Sahil Alam, was arrested in connection with a case (Motihari Town PS Case No. 906 of 2025) under Sections 25(1‑B)a, 26 and 35 of the Arms Act, alleged to have fired at the deceased Rupesh Kumar. The petitioner claimed innocence, stating that no weapon was recovered from him and that the only recovery was from co‑accused Md. Amir Khan, and that he had been in judicial custody since 09‑09‑2025. The State opposed bail, citing a prior criminal antecedent. After hearing both sides, the Patna High Court considered the lack of direct seizure of arms from the petitioner and the circumstances of the case, and decided to grant bail on a bond of Rs.10,000 with two sureties. The order directs the petitioner to be released upon furnishing the bail bond to the Chief Judicial Magistrate, East Champaran.
Issues considered
- Whether bail should be granted to the accused under the Arms Act despite alleged involvement in a killing
- Whether the petitioner’s prior criminal antecedent precludes bail
- Whether the absence of weapon recovery from the petitioner justifies bail
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
Subjects
- bail
- Arms Act
- criminal antecedent
- judicial custody
- FIR
- weapon recovery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12475 of 2026
Arising Out of PS. Case No.-906 Year-2025 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Md. Sahil @ Md. Sahil Alam S/o- Md. Mustafa R/v- Nakched Tola Ps-
Motihari Town, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Motihari Town P.S. Case No. 906 of 2025 registered for the
offence punishable under Sections 25(1-B)a, 26, 35 of the Arms
Act.
3. The case of the prosecution, in short, is that the
police had received information that one Rupesh Kumar had
been killed by firing. Police also came to know that the
petitioner and one other had fired at the deceased.
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
Patna High Court CR. MISC. No.12475 of 2026(2) dt.10-03-2026
2/2
case. He also submits that regarding the same occurrence, two
cases were filed. One for the murder under Section 103, and this
case was filed only under the Arms Act. He also submits that
from perusal of the FIR itself, it is clear that nothing was
recovered from the possession of this petitioner; rather, the
recovery has been made from the co-accused person, namely,
Md. Amir Khan. He further submits that the petitioner is
languishing in judicial custody since 09.09.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of one case.
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 Chief
Judicial Magistrate, East Champaran, Motihari in connection
with Motihari Town P.S. Case No. 906 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
Checking your session…