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Patna High Court

Gulam Nabi @ Md. Gulam Nabi @ MD. GulamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
           Patna High Court CR. MISC. No.24311 of 2026(2) dt.15-04-2026
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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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