Patna High Court
MD. SAFIKversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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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