Patna High Court
Gulam Nabi @ Md. Gulam Nabi @ MD. GulamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, Gulam Nabi, on the basis that no weapon was recovered from his possession and he has a clean antecedent.
Summary
The petitioner, Gulam Nabi, was arrested on 16 February 2026 in connection with a case under Sections 25(1‑B)(a), 26 and 35 of the Arms Act, alleging possession of a pistol and live cartridges. The prosecution’s evidence showed that the weapon and ammunition were recovered from a co‑accused, Aman Amir, and nothing was found in the petitioner's conscious possession. The petitioner contended that he was falsely implicated and that the FIR and seizure report violated mandatory provisions of Sections 103 and 105 of the Bihar Narcotic Substances (Suppression) Act, 2023. The State opposed bail, citing an antecedent case, though the petitioner was already on bail in that matter. The court, noting the lack of any weapon recovered from the petitioner, his clean antecedent, and the non‑compliance of procedural requirements, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding trial cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the charges under the Arms Act.
- Whether the absence of any weapon recovered from the petitioner’s possession justifies bail.
- Whether non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances (Suppression) Act, 2023, affects the bail application.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
Subjects
- bail
- Arms Act
- possession
- false implication
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24311 of 2026
Arising Out of PS. Case No.-66 Year-2026 Thana- RAJNAGAR District- Madhubani
======================================================
Gulam Nabi @ Md. Gulam Nabi @ MD. Gulam son of Md. Umar Resident of
Village -Chhotaki Gausnagar PS- Rajnagar District- Madhubani
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
16.02.2026 in connection with Rajnagar P.S. Case No. 66 of
2026 for the offences punishable under Sections 25(1-B)(a), 26
and 35 of Arms Act.
3. The prosecution case, in brief, is that Vishnudev
Paswan on 15.02.2026 at 11:55 AM along with other police
officials was checking vehicles under Sarvadih Bridge. Tin
Muhani nearby Rampatti, Rati Road. In the meantime, three
persons on Apache motorcycle tried to flee away but caught by
force and on asking, they told their names as Aman Amir,
Gulam Nabi and Md. Danish. From seizure witness, no was one
there and other passerby did accept as witness for which seizure
Patna High Court CR. MISC. No.24311 of 2026(2) dt.15-04-2026
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was done before PTC 262 Sunil Kumar and constable 1103
Satendra Kumar as witness. During searching, one pistol and
three live cartridges were recovered from Aman Amit and on
asking about documents they did not give sufficient answer for
this that pistol and motorcycle bearing Regd. No. BR32AW2585
seized were and nothing was recovered from Md. Danish and
Gulam Nabi. It seemed that these three people were going on a
deserted road with intention of robbing the passerby by showing
them motorcycle and gun.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the present case and it
appears from the FIR and seizure list that nothing has been
recovered from the conscious possession of the petitioner and
recovery has been made from co-accused person, namely, Aman
Amir and one loaded pistol was recovered from the possession
of the co-accused person, namely, Aman Amir and three live
cartridges were recovered from the pistol in question. Learned
counsel for the petitioner further submits that it appears from the
FIR and seizure list that there is non-compliance of mandatory
provisions of Sections 103 and 105 of BNSS, 2023 and the
petitioner is in custody since 16.02.2026.
5. The learned Additional Public Prosecutor for the
Patna High Court CR. MISC. No.24311 of 2026(2) dt.15-04-2026
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State, on the other hand, has vehemently opposed the prayer for
bail of the petitioner and submits that petitioner has antecedent
of one more case other than the present case but fairly submits
that petitioner is on bail in the pending matter.
6. Considering the aforesaid facts and circumstances
that petitioner is a person with clean antecedent and nothing has
been recovered from his conscious possession and recovery has
been made from co-accused persons, 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 the learned ACJM-I, Madhubani in
connection with Rajnagar P.S. Case No. 66 of 2026, subject to
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
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his 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
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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)
Gaurav Sinha/-
U T
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