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Patna High Court

Mohamad ImtiyazversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Mohamad Imtiyaz, applied for bail in a case registered under Sections 25(1‑B)a and 26 of the Arms Act, alleging that the seized pistols and cartridges were not in his possession and that the seizure violated Section 105 of the BNSS. The prosecution argued that the weapons were recovered from him and highlighted his two prior criminal cases. The petitioner contended false implication and procedural lapses in the seizure. The State opposed bail citing his antecedents. After hearing both sides, the Court found merit in the petitioner's arguments and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Sub‑Divisional Judicial Magistrate.

Issues considered

  • Whether bail should be granted to the accused under the Arms Act provisions.
  • Whether the seizure of the weapons complied with Section 105 of the BNSS.
  • Whether the petitioner’s prior criminal antecedents preclude bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • seizure procedure
  • criminal antecedent
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30173 of 2026
                   Arising Out of PS. Case No.-54 Year-2026 Thana- KUNDWACHAINPUR District- East
                                                        Champaran
                 ======================================================
                 Mohamad Imtiyaz S/o- Ranjan Mian Resident of Village- Fulwariya tola Ps
                 -Dhaka District- East Champaran Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjay Kumar Tiwari, Adv.
                 For the Opposite Party/s :      Mr. Tarkeshwar Nath Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   07-05-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Kundwa Chainpur P.S. Case No. 54 of 2026 registered for

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

                   Act.

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

                   the possession of this petitioner, two country made pistol and

                   four live cartridge were recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that nothing has been recovered from the
           Patna High Court CR. MISC. No.30173 of 2026(2) dt.07-05-2026
                                                       2/2




                     possession of the petitioner. The witnesses of the seizure list are

                     police personnel and the police has not complied with Section

                     105 of the BNSS while making the seizure. Moreover, the

                     petitioner is languishing in judicial custody since 07.02.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner is having criminal

                     antecedent of two 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

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

                     of the like amount each to the satisfaction of the learned Sub

                     Divisional      Judicial     Magistrate,       Sikrahana,   Dhaka,   East

                     Champaran in connection with Kundwa Chainpur P.S. Case No.

                     54 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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