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Patna High Court

Mohammad Samas Parvez Alam @ Shams Parwej AlamversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Mohammad Samas Parvez Alam, applied for bail in a case registered under Sections 25(1-AA), 26 and 35 of the Arms Act, alleging that no weapon was recovered from his possession and that the police failed to comply with Section 105 of the BNSS during seizure. The State opposed bail, citing a prior similar offence. The court examined the procedural lapse claim, the petitioner’s claim of continued judicial custody since 04‑09‑2025, and the existence of a criminal antecedent. Considering the facts, the court found no sufficient ground to deny bail. Consequently, the petitioner was ordered to be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the petitioner under the Arms Act offences.
  • Whether the alleged non‑compliance with Section 105 of the BNSS during seizure affects the bail application.
  • Whether the petitioner’s prior criminal antecedent warrants denial of bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • seizure procedure
  • criminal antecedent
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19754 of 2026
                       Arising Out of PS. Case No.-225 Year-2025 Thana- GOGRI District- Khagaria
                 ======================================================
                 Mohammad Samas Parvez Alam @ Shams Parwej Alam S/o- Md. Samsul
                 Joha @ Samsul Joha Resident of village- Mushkipur ward no- 33 PS-Gogari
                 District-Khagaria

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjan Kumar, Advocate
                 For the Opposite Party/s :       Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   25-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Gogari P.S. Case No.225 of 2025 registered for the offence

                   punishable under Sections 25(1-AA), 26 and 35 of the Arms

                   Act.

                                3. The case of the prosecution, in short, is that from

                   the house of this petitioner, one country made pistol was

                   recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that nothing has been recovered from

                   the possession of this petitioner. Learned counsel for the

                   petitioner has further submitted that the witnesses of the seizure
            Patna High Court CR. MISC. No.19754 of 2026(2) dt.25-03-2026
                                                        2/2




                      list are police personnel and police has not complied Section

                      105 of the BNSS while making seizure. Learned counsel for the

                      petitioner has lastly submitted that the petitioner is in judicial

                      custody since 04.09.2025.

                                   5. The application for bail is opposed by learned APP

                      for the State and he has stated that the petitioner is having

                      criminal antecedent of one case of similar nature.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the court of learned

                      Judicial Magistrate- 1st Class, Khagaria, in connection with

                      Gogari P.S. Case No.225 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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