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Patna High Court

Md. BelalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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


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