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Patna High Court

Md. SaddamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner in the Arms Act offences.

Summary

The petitioner, Md. Saddam, was arrested in connection with offences under Sections 25(1‑B)(a) and 26 of the Arms Act and has been in custody since 19 October 2025. He previously applied for regular bail, which was rejected, but the Court had earlier granted him liberty to renew the bail application after six months of detention. Relying on that liberty, he filed a fresh bail petition, contending that the prosecution lacks an independent witness, that the seizure list was not prepared in accordance with Section 105 of the BNSS, and that he has been falsely implicated due to local enmity. The State opposed the bail, but the Court, after considering the submissions and the procedural irregularities alleged, decided to grant regular bail. The petitioner was ordered to furnish a bail bond of Rs. 20,000 with two sureties of the same amount.

Issues considered

  • Whether the petitioner is entitled to regular bail after six months of custody under the Arms Act.
  • Whether the alleged non‑compliance with Section 105 of the BNSS and lack of an independent witness justify granting bail.
  • Whether the petitioner's claim of false implication and local enmity affect the bail decision.

Legislation cited

Subjects

  • regular bail
  • Arms Act
  • Section 105 BNSS
  • procedural lapse
  • false implication
  • sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32035 of 2026
                      Arising Out of PS. Case No.-1110 Year-2025 Thana- ALAMGANJ District- Patna
                 ======================================================
                 Md. Saddam, S/o Md. Kaushar @ Md. Arshad, Resident Of Mohalla - Pathri
                 Ghat, Ps - Alamganj, Dist. - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Pratibha Gupta, Adv.
                 For the Opposite Party/s :       Mr. Zainul Abedin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-05-2026                  1. Heard the parties

                                2. The petitioner seeks regular bail in connection with

                   Alamganj P. S. Case No. 1110 of 2025                      registered for the

                   offences punishable under Sections 25(1-B)(a) and 26 of the

                   Arms Act.

                                3. Ms. Pratibha Gupta, learned counsel appearing for

                   the petitioner submits that this is the second attempt of the

                   petitioner to get the relief of regular bail and his first prayer was

                   rejected by then the coordinate Bench of this Court vide order

                   dated 17.02.2026 passed in Cr. Misc. No. 7276 of 2026 giving

                   the petitioner a liberty to renew his prayer for bail after having

                   spent six months in custody and now he has renewed his bail

                   prayer in the light of the said liberty as he has been languishing

                   in jail since 19.10.2025. Learned counsel further submits that
              Patna High Court CR. MISC. No.32035 of 2026(2) dt.12-05-2026
                                                          2/2




                        there is no independent witness to support the prosecution's

                        allegation and provisions of section 105 of BNSS was not

                        followed while preparing the seizure list and the petitioner has

                        been falsely implicated due to local enmity and with an

                        intention to harass him.

                                     4. Learned APP appearing for the State has opposed

                        the bail prayer of the petitioner.

                                     5. In the facts and circumstances of this case and

                        considering the statements made in the petition as well as above

                        submissions, coupled with the liberty granted earlier by this

                        Court to renew the prayer for bail after six months of custody,

                        this court is now inclined to release the petitioner on bail,

                        accordingly, let the petitioner named-above be enlarged on bail

                        in connection with Alamganj P. S. Case No. 1110 of 2025 on

                        furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand)

                        with two sureties of the like amount each to the satisfaction of

                        the Court concerned.



                                                  (Shailendra Singh, J)
Rajiv/-

U         T


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