Patna High Court
Md. Niyaj @ Md. NiyazversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 with two sureties.
Summary
The petitioner, Md. Niyaj, was arrested on 10 April 2024 in connection with a case under Sections 25(1‑B)(a) and 26 of the Arms Act, after a loaded country‑made pistol and two live cartridges were seized from his possession. He contended that the search and seizure violated Section 100 of the Criminal Procedure Code and highlighted that he had been acquitted in three of nine cases and was on bail in the others. The State opposed his bail application. The Court, after considering the length of his custody and the surrounding circumstances, granted bail on the condition of a Rs.10,000 bond with two sureties of equal amount, to be satisfied before the Additional Chief Judicial Magistrate, Manjhaul, Begusarai. The order was pronounced by Justice Praveen Kumar.
Issues considered
- Whether bail should be granted to the accused under Sections 25(1‑B)(a) and 26 of the Arms Act.
- Whether the search and seizure conducted by the police violated Section 100 of the Criminal Procedure Code.
Legislation cited
- Arms Act, 1959 — s. 25(1-B)(a), 26
- Criminal Procedure Code — s. 100
Subjects
- bail
- Arms Act
- search and seizure
- Criminal Procedure Code
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14753 of 2026
Arising Out of PS. Case No.-79 Year-2024 Thana- CHERIYA BARIYARPUR District-
Begusarai
======================================================
Md. Niyaj @ Md. Niyaz S/O Md. Naim @ Nayeem Resident Of Village-
Bariyarpur West, Ward No. 1, P.s.- Khodawandpur, Dist.- Begusarai
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Shashi Dhar Jha, Advocate
For the Opposite Party : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Cheriya Bariyarpur P.S. Case No. 79 of 2024 dated 10.04.2024,
registered for the offence under Sections 25(1-B)(a) and 26 of
the Arms Act.
3. As per the prosecution case, allegedly, from the
possession of the petitioner one loaded country made pistol and
two live cartridges were recovered.
4. Learned counsel appearing for the petitioner
submits that the petitioner is in custody since 10.04.2024 and
the search and seizure is in violation of Section 100 Cr.P.C.
Although petitioner was accused in nine cases, but it has been
submitted that in three of them petitioner has been acquitted of
Patna High Court CR. MISC. No.14753 of 2026(2) dt.12-03-2026
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the respective charges framed against him and in other cases, the
petitioner is on bail.
5. Learned A.P.P. for the State vehemently opposed
the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
and the period of custody, let the, above named, petitioner be
released on bail on furnishing bail bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate,
Manjhaul, Begusarai, in connection with Cheria Bariyarpur P.S.
Case No. 79 of 2024.
(Praveen Kumar, J)
Pawan/-
U T
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