Patna High Court
Mohamad ImtiyazversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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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