Patna High Court
Md. Imteyaz @ Md. ImtiyazversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
Checking your session…