Patna High Court
Md. Altaf @ LuckyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Md. Altaf was arrested on 7 September 2025 in connection with a case registered under FIR dated 6 September 2025 for alleged possession of a country‑made pistol, a live cartridge and a Samsung mobile phone. The charges were framed under Sections 310(4) and 310(5) of the BNS and Sections 25(1‑B)(a), 26 and 35 of the Arms Act. The petitioner filed a bail application, contending that the police had not complied with Sections 103 and 105 of the BNS, 2023, and that he was already on bail in three other cases. The State opposed bail, emphasizing that the seized items were recovered from the petitioner’s possession. The Court, after considering the submissions, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation with the trial, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged non‑compliance of Sections 103 and 105 of the BNS, 2023.
- Whether the recovery of a firearm and related items from the petitioner’s possession justifies denial of bail.
Legislation cited
Subjects
- bail
- firearm possession
- Arms Act
- BNS
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22472 of 2026
Arising Out of PS. Case No.-188 Year-2025 Thana- KHAJAULI District- Madhubani
======================================================
Md. Altaf @ Lucky S/o Md. Mustak Resident of Village- Dumriyahi, Ward
No. 06, PS.- Khajauli, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Jha, Advocate
For the Opposite Party/s : Mr.Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-04-2026 Heard Mr.Shailendra Kumar Jha, learned counsel for
the petitioner and Mr.Pranav Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
07.09.2025 in connection with Khajauli P.S. Case No. 188 of
2025, corresponding to G.r.No.2296/2025, F.I.R. dated
06.09.2025 registered for the offence punishable under Sections
310(4),310(5) of BNS and Sections 25(1-B) a, 26 and 35 of
Arms Act.
3. The relates to recovery of one country made pistol,
one live cartridge and Samsung Mobile from possession of the
petitioner.
4. Learned counsel appearing for the petitioner
submits that it appears from the FIR as well as the seizure list
Patna High Court CR. MISC. No.22472 of 2026(2) dt.07-04-2026
2/3
that one country made pistol, one live cartridge and Screen
Touch Samsung Mobile was recovered from possession of the
petitioner. Learned counsel for the petitioner submits that there
is non-compliance of Sections 103 and 105 of the BNSS, 2023
and the police, after investigation, submitted chargesheet against
the petitioner and the petitioner is in custody since 07.09.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that it appears from the
FIR as well as the seizure list that the recovery has been made
from possession of the petitioner, apart from that, the petitioner
carries three more cases other than the present one but fairly
submits that the petitioner is on bail in all the cases, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, let the petitioner,
above named, 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 J.M.1st Class, Madhubani in
connection with Khajauli P.S. Case No. 188 of 2025,
corresponding to G.r.No.2296/2025, with the following
conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
Patna High Court CR. MISC. No.22472 of 2026(2) dt.07-04-2026
3/3
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
Checking your session…