Patna High Court

Md. Khurshid AlamversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court grants bail to the petitioner.

Summary

The petitioner, Md. Khurshid Alam, was arrested in connection with alleged illegal firearms manufacturing under several provisions of the Arms Act and the Bharatiya Nyaya Sanhita. The prosecution’s case is based on a raid that recovered illegal arms from a co-accused’s house and on a confessional statement of that co-accused, with no material seized from the petitioner himself. The petitioner claimed innocence, no prior criminal record, and argued that the confessional statement lacks evidentiary value. The State opposed bail, while the petitioner’s counsel highlighted the lack of incriminating evidence and the petitioner’s custody since August 2025. Considering these circumstances, the Court inclined to grant bail, ordering the petitioner to furnish a bail bond of Rs.15,000 with two sureties of equal amount.

Issues considered

Whether bail should be granted to the petitioner under the Arms Act and Bharatiya Nyaya Sanhita given the absence of material evidence and the reliance on a co-accused’s confessional statement.

Legislation cited

Arms Act — s. 25(1-A), 25(1-AA), 25(1-B)(a), 26, 35
Bharatiya Nyaya Sanhita, 2023 — s. 317(2), 317(5), 3(5), 61(2)

Subjects

bail
Arms Act
Bharatiya Nyaya Sanhita
confessional statement
custody
surety
illegal firearms

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1372 of 2026
                         Arising Out of PS. Case No.-121 Year-2025 Thana- GARHI District- Jamui
                 ======================================================
                 Md. Khurshid Alam S/o Late Md. Taslim R/o Vill./ Mohalla - Mirzapur
                 Bardah, P.S - Muffasil, District -Munger
                                                                       ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjiv Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   13-02-2026                         Heard learned counsel for the petitioner, learned

                   APP for the State and perused the case diary.

                                2. The petitioner seeks bail in connection with Garhi

                   P.S. Case No. 121 of 2025, instituted for the offences punishable

                   under Sections 25(1-A), 25(1-AA), 25(1-B)(a), 26, 35 of the

                   Arms Act, read with Sections 317(2), 317(5), 61(2) and 3(5) of

                   the Bharatiya Nyaya Sanhita, 2023.

                                3. The prosecution case, in short, is that on

                   06.08.2025, on receipt of secret information, a raiding team

                   conducted a raid at the house of co-accused, namely, Munna

                   Saw and allegedly apprehended five persons manufacturing

                   illegal firearms, from whose possession illegal arms, tools and

                   materials used for manufacturing firearms were recovered and

                   seized.
Patna High Court CR. MISC. No.1372 of 2026(3) dt.13-02-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. Charge-sheet has been submitted in this case. No

          incriminating material has been recovered from the conscious

          possession of the petitioner. Learned counsel for the petitioner

          also submitted that the petitioner has got no concern with the

          alleged recovery. It is next submitted that name of the petitioner

          has transpired in this case on the basis of confessional statement

          of co-accused person and the same has got no evidentiary value.

          The petitioner is in custody since 07.08.2025 and has got no

          criminal antecedent. Learned counsel for the petitioner further

          submits that other co-accused has been granted regular bail by

          this Court vide order dated 03.02.2026 passed in Cr. Misc. No.

          5550 of 2026.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
             Patna High Court CR. MISC. No.1372 of 2026(3) dt.13-02-2026
                                                         3/3




                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Garhi P.S. Case No.

                       121 of 2025.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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