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Patna High Court

Md. Niyaj @ Md. NiyazversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                      2/2




                    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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