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Patna High Court

MD. SAFIKversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioners, directing them to furnish a bail bond of Rs.10,000 each with two sureties.

Summary

Petitioners Md. Safik and Md. Jamshed Alam were charged under sections 25(1‑B) a, 26 and 35 of the Arms Act for alleged possession of a pistol and a live cartridge. They contended that the weapons were not in their conscious possession and that the seizure violated Section 105 of the B.N.S.S., rendering the evidence inadmissible. The State opposed bail, citing the seriousness of the offences and the petitioners' prior criminal antecedents. The court examined the procedural aspects of the seizure and the petitioners' claims of innocence. Considering the alleged procedural lapses and the lack of direct possession, the court granted regular bail to both petitioners upon furnishing a bail bond of Rs.10,000 with two sureties each.

Issues considered

  • Whether regular bail can be granted to accused persons charged under sections 25(1‑B) a, 26 and 35 of the Arms Act when the seizure may have violated Section 105 of the B.N.S.S.
  • Whether the petitioners' prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • seizure procedure
  • Section 105
  • criminal antecedents
  • regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21410 of 2026
                         Arising Out of PS. Case No.-408 Year-2025 Thana- PIPRA District- Supaul
                 ======================================================
           1.     MD. SAFIK S/o- Md. Safruddin R/v- Narhaiya W.No-1, Ps- Chhatapur Dist-
                  Supaul
           2.    Md. Jamshed Alam @ Jamsad @ Jamshed Alam s/o- Md. Vasim @ Md.
                 Basim R/v- Narhaiya W.No-1, Ps- Chhatapur Dist- Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Nafisu Zzoha, Advocate
                 For the Opposite Party/s :        Mr.Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-04-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have prayed for regular bail in a

                   case registered for the offence punishable under sections 25 (1-

                   B)) a, 26 and 35 of the Arms Act.

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

                   the possession of petitioner no. 1, one country-made pistol, and

                   from the possession of petitioner no. 2, one live cartridge, were

                   recovered.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in

                   connection with the present case. It is further submitted that
            Patna High Court CR. MISC. No.21410 of 2026(2) dt.06-04-2026
                                                        2/2




                      nothing has been recovered from the conscious possession of

                      the petitioners. It is further submitted that the witnesses to the

                      seizure list are police personnel and that the provisions of

                      Section 105 of the B.N.S.S. have not been complied with while

                      making the seizure. It has also been submitted that petitioner

                      no. 1 has criminal antecedents of three cases, while petitioner

                      no. 2 has criminal antecedents of one case.

                                   5. Learned A.P.P. has vehemently opposed the prayer

                      for bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioners on

                      bail. The above named petitioners are directed to be released on

                      bail in connection with Pipra P.S. Case No. 408 of 2025 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) each with

                      two sureties of the like amount each to the satisfaction of

                      learned Chief Judicial Magistrate, Supaul.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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