Patna High Court
Mohammad Samas Parvez Alam @ Shams Parwej AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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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