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Patna High Court

Md. Imteyaz @ Md. ImtiyazversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a cash bond, sureties, and conditions under Section 480(3) of the BNSS.

Summary

The petitioner, Md. Imteyaz, was arrested during a raid on a thatched hut where illegal firearms manufacturing equipment and pistols were seized. He was charged under Sections 25(1‑b)a, 25(1‑aa), 25(1‑a), 26(1), 26(2) and 35 of the Arms Act. The petitioner argued that the hut did not belong to him, he was not involved in manufacturing, and that similarly situated co‑accused had already been granted bail by other benches. The State opposed bail, citing the seriousness of the offences. The Court, noting the submission of the charge sheet, the length of the petitioner’s custody since July 2025, and the precedent of bail to co‑accused, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS and other procedural requirements.

Issues considered

  • Whether bail should be granted to the accused in offences under the Arms Act considering the nature of the alleged crime and the period of pre‑trial detention.
  • Whether the fact that similarly placed co‑accused have been granted bail influences the decision.

Legislation cited

  • Arms Act — s. 25(1-a), 25(1-aa), 25(1-b)a, 26(1), 26(2), 35

Subjects

  • bail
  • Arms Act
  • illegal firearms
  • pre‑trial detention
  • charge sheet
  • co‑accused bail precedent
  • Section 480(3) BNSS
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3434 of 2026
                   Arising Out of PS. Case No.-217 Year-2025 Thana- NATHNAGAR District- Bhagalpur
                 ======================================================
                 Md. Imteyaz @ Md. Imtiyaz S/o- Md. Aslam Resident of village- Mirzapur
                 Bardah P.S- Muffasil District- Munger

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Gaurav Kumar, Adv.
                 For the Opposite Party/s :      Mr.Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Nathnagar P.S. Case No. 217 of 2025,

                   registered for the offences under Sections 25(1-b)a, 25(1-aa),

                   25(1-a), 26(1), 26(2), and 35 of the Arms Act.

                                3. As per the prosecution case, in a raid conducted on

                   a thatched hut, the petitioner and another three co-accused

                   persons were apprehended. Appliances for manufacturing illegal

                   firearms were found apart from recovery of four country made

                   pistol with magazines. Other articles used in manufacturing of

                   firearms were seized. Live cartridges were also seized.

                                4. Learned counsel appearing on behalf of the

                   petitioner submits that similarly placed co-accused persons have
Patna High Court CR. MISC. No.3434 of 2026(2) dt.28-01-2026
                                            2/3




          been granted bail by different co-ordinate benches vide order

          dated 15.01.2026 passed in Cr. Misc. No. 717 of 2026 and order

          dated 20.01.2026 passed in Cr. Misc. No. 1168 of 2026. The hut

          from which recovery has been shown does not belong to this

          petitioner and the said hut belongs to one Ajay Mandal. The

          petitioner was never involved in manufacturing of illicit

          weapons. The petitioner is having antecedent of one case in

          which he is on bail and he is in custody since 08.07.2025.

          Charge sheet has been submitted.

                       5. Learned APP appearing for the State opposes the

          submission made on behalf of the petitioner.

                       6. Having regard to the fact and circumstances and

          submission made on behalf of the parties and considering the

          fact that similarly placed co-accused persons have been granted

          bail by different co-ordinate benches and also considering the

          period of custody of the petitioner and submission of charge

          sheet, the petitioner is directed to be released on bail, on

          furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand

          Only) each with two sureties of the like amount each to the

          satisfaction of learned District and Additional Sessions Judge-I,

          Bhagalpur/concerned court, in connection with Nathnagar P.S.

          Case No. 217 of 2025, subject to the condition laid down under
             Patna High Court CR. MISC. No.3434 of 2026(2) dt.28-01-2026
                                                         3/3




                       Section 480(3) of the BNSS and other following conditions:

                                               (i) One of the bailors will be a close

                                               relative of the petitioner.

                                               (ii) The petitioner will remain present on

                                               each and every date fixed by the court

                                               below, if so required by the learned trial

                                               court.

                                               (iii) In case of absence on three

                                               consecutive dates or in violation of the

                                               terms of the bail, the bail bond of the

                                               petitioner will be liable to be cancelled

                                               by the court concerned.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U      T


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