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Patna High Court

Bittu MiyanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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)
            Patna High Court CR. MISC. No.14611 of 2026(2) dt.12-03-2026
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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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