Patna High Court

Md. Amir KhanversusThe State of Bihar

Decided: 1 May 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner, subject to a bond and sureties.

Summary

The petitioner, Md. Amir Khan, was arrested in connection with a shooting incident alleged under Sections 25(1‑B)a, 26 and 35 of the Arms Act, with a loaded country‑made pistol recovered from his possession. The victim, Ritesh Kumar, stated that the co‑accused, Md. Sahil Alam, fired at him, and the co‑accused had already been granted bail. The petitioner contended that he was falsely implicated, that the only allegation of firing pertained to the co‑accused, and that he had been in judicial custody since 09‑09‑2025. The State opposed bail, highlighting the petitioner’s three prior criminal cases. After hearing both sides, the Court considered the facts, the lack of direct evidence against the petitioner for firing, and his prolonged custody, and decided to grant bail. The bail was conditioned on a bond of Rs.10,000 with two sureties to the satisfaction of the Chief Judicial Magistrate, Motihari.

Issues considered

Whether the petitioner is entitled to bail despite being charged under the Arms Act and having prior criminal antecedents

Legislation cited

Arms Act — s. 25(1-B)a, 26, 35
B.N.S. — s. 109(1), 115(2), 126(2), 3(5), 352

Subjects

bail
Arms Act
criminal antecedent
loaded firearm
co‑accused
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25685 of 2026
                    Arising Out of PS. Case No.-906 Year-2025 Thana- MOTIHARI TOWN District- East
                                                       Champaran
                 ======================================================
                 Md. Amir Khan, S/o Md. Munna Khan, R/o Village - Nakchhed Tola, P.S.-
                 Motihari Town, District - East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sitesh Kashyap, Advocate
                 For the Opposite Party/s :      Mr.Madhura Nand Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   01-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Motihari Town P.S. Case No. 906 of 2025 registered for the

                   offence punishable under Sections 25(1-B)a, 26, 35 of the Arms

                   Act. However, the police has found the occurrence to be true

                   under Sections 126(2), 115(2), 352, 109(1) and 3(5) of B.N.S.

                   and Sections 25(1-B)a, 26, 35 of the Arms Act.

                                3. The case of the prosecution, in short, is that the

                   police received information that one Ritesh Kumar had been

                   fired by unknown miscreants. Police also came to know that the

                   petitioner and one Md. Sahil Alam have fired at the victim.

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.25685 of 2026(2) dt.01-05-2026
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          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. Learned counsel for the petitioner has submitted that on

          same day from a toilet the petitioner and Md. Sahil Alam both

          were arrested and from the possession of this petitioner, one

          loaded country made pistol was recovered. It has further been

          submitted that during course of investigation, the injured Ritesh

          Kumar has given his statement and has stated that Md. Sahil

          Alam has fired at him. It has further been submitted that co-

          accused Md. Sahil Alam has been granted bail by this Court

          vide Cr. Misc. No. 12475 of 2026. It has further been submitted

          that the allegation of firing is against co-accused Md. Sahil

          Alam, only recovery has been made from this petitioner.

          Moreover, petitioner is languishing in judicial custody since

          09.09.2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail and has submitted that the petitioner is having

          criminal antecedent of three cases.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail
             Patna High Court CR. MISC. No.25685 of 2026(2) dt.01-05-2026
                                                         3/3




                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned C.J.M.,

                       Motihari, East Champaran in connection with Motihari Town

                       P.S. Case No. 906 of 2025.


                                                  (Ashok Kumar Pandey, J)

lata/-
U        T

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