Patna High Court
Md. BelalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to conditions.
Summary
The Patna High Court heard a bail application filed by Md. Belal, who had been in custody since 28 September 2025 in connection with an FIR dated 27 September 2025 alleging possession of a country‑made pistol, live cartridges and a mobile phone, offences punishable under Sections 25(1‑B)(a), 26 and 35 of the Arms Act. The petitioner asserted that he has a clean antecedent, the FIR is fabricated, and the investigating police failed to comply with Sections 103 and 105 of the Bihar Narcotic Substances (BNSS) Act, 2023 in preparing the charge‑sheet. The State opposed the bail. The Court examined the seriousness of the arms offences, the procedural lapses, and the length of pre‑trial detention, and held that the procedural non‑compliance and the petitioner’s clean record warranted bail. Accordingly, the Court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties and imposed conditions of cooperation, appearance, and non‑tampering with evidence. The order also directed the lower court to verify the petitioner’s antecedent but not to delay bail on that ground.
Issues considered
- Whether bail should be granted to the accused under Sections 25(1‑B)(a), 26 and 35 of the Arms Act in view of the alleged procedural violations of BNSS, 2023 and the period of pre‑trial custody.
- Whether the non‑compliance of Sections 103 and 105 of BNSS, 2023 by the investigating agency warrants the grant of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- Arms Act
- pre‑trial detention
- procedural compliance
- BNSS 2023
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22558 of 2026
Arising Out of PS. Case No.-411 Year-2025 Thana- BALIYA District- Begusarai
======================================================
Md. Belal S/o Md. Korais @ Mohd. Kureshuddin Resident of Village- Chhoti
Ballia, Mansurachak @ Mansoorchak, Ward No. 15, Bhagwati Sthan, P.S.-
Ballia @ Baliya, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar, Advocate
For the Opposite Party/s : Mr.Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-04-2026 Heard Mr.Arvind Kumar, learned counsel for the
petitioner and Mr.Ram Sumiran Rai, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
28.09.2025 in connection with Ballia @ Baliya P.S. Case No.
411 of 2025, F.I.R. dated 27.09.2025 registered for the offence
punishable under Sections 25(1-B)(a),26,35 of Arms Act.
3. As per FIR, allegation against the petitioner is that
the petitioner alongwith other co-accused persons were planning
for committing crime and one country made pistol, one live
cartridge and one key pad mobile phone were recovered from
possession of the petitioner.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.22558 of 2026(2) dt.07-04-2026
2/3
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. Although
from a bare perusal of the FIR it appears that one loaded country
made pistol, four live cartridges, one key paid mobile and
mobile of Vivo were recovery from possession of the petitioner.
Learned counsel for the petitioner submits that from a bare
perusal of the seizure list it appears that there is non-compliance
of Sections 103 and 105 of BNSS, 2023 and the police, after
investigation, submitted the chargesheet against the petitioner
and the petitioner is in custody since 28.09.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean
antecedent, there is non-compliance of Sections 103 and 105 of
BNSS, 2023 as well as the period of custody, 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 Sub-Judge-cum-C.J.M.,
Begusarai in connection with Ballia @ Baliya P.S. Case No. 411
of 2025, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.22558 of 2026(2) dt.07-04-2026
3/3
properly represented on each and every date fixed by the Court
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…