Patna High Court
Bittu MiyanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail is granted to the petitioner subject to specified monetary and procedural conditions.
Summary
The petitioner, Bittu Miyan, was arrested in connection with a case alleging possession of a country-made pistol and live cartridges, invoking Sections 25(1‑B)a, 26 and 35 of the Arms Act. He contended that no weapon was recovered from him, that the seizure violated Section 103 of the Bharatiya Nagrik Suraksha Sanhita, 2023, and that he was being targeted due to past antecedents. The prosecution opposed bail. After hearing both sides, the Court granted bail on a cash bond of Rs.10,000 with two sureties, imposing conditions such as regular court attendance, a blood‑relative bailor, affidavit obligations, and restrictions against tampering with evidence or witnesses. The order also required the petitioner to report to the local SHO and attend fortnightly check‑ins. The application for bail was therefore allowed.
Issues considered
- Whether bail should be granted to the accused under the Arms Act offences (Sections 25(1‑B)a, 26, 35).
- Whether the alleged violation of Section 103 of the Bharatiya Nagrik Suraksha Sanhita, 2023, during search and seizure warrants bail.
- Whether the petitioner’s past antecedents justify denial of bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 103
Subjects
- bail
- Arms Act
- search and seizure
- Section 103
- criminal procedure
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14611 of 2026
Arising Out of PS. Case No.-558 Year-2025 Thana- SUGAULI District- East Champaran
======================================================
Bittu Miyan, aged about 28 years (M), S/o- Khoosh Mohammad, resident of
village- Gobari, PS- Banjariya, 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. Parmanand Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Sugauli
PS Case No.558 of 2025 dated 30.10.2025, instituted for the
offence punishable under Sections 25(1-B)a, 26 and 35 of the
Arms Act.
3. The allegation is of recovery of one countrymade
pistol and two live cartridges from the possession of the
petitioner.
4. Learned counsel for the petitioner submits that
nothing has been recovered from the possession of the petitioner
and the petitioner has been implicated in this case only because
of his past antecedents. There is complete violation of Section
103 of the Bharatiya Nagrik Suraksha Sanhita, 2023, while
Patna High Court CR. MISC. No.14611 of 2026(2) dt.12-03-2026
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carrying out search and seizure. There is no independent
witnesses on the seizure list. Lastly, it is submitted that the
petitioner is in custody since 30.10.2025 having four cases
against him. Charge-sheet has also been submitted
5. Learned APP has opposed the prayer for bail.
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 Judicial Magistrate, 1 st Class,
Motihari, East Champaran, in Sugauli PS Case No.558 of 2025,
subject to the conditions (i) that the petitioner shall co-operate in
the trial and 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, (ii) that one of the bailors will be his own
blood relation, preferably father, mother, brother, sister and or
his wife, (iii) that 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, (iv)
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that 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, and (v) that the petitioner within two weeks
from the date of his release from custody shall appear before the
SHO of his local area along with a copy of this order and
thereafter shall appear before him every fortnightly to mark his
attendance till the conclusion of the trial.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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