Patna High Court
Ayiyaj Alam @ Ayiyaj Miya @ Faiyaz MiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner, directing him to furnish a bond of Rs. 10,000 with two sureties and comply with attendance conditions.
Summary
Ayiyaj Alam was arrested under several provisions of the Arms Act after police recovered a country‑made pistol and live cartridge from his garden, following a raid prompted by a co‑accused’s statement. The petitioner argued that no weapon was found in his personal possession, the garden is an open space accessible to anyone, and the search violated mandatory procedures. The State opposed bail, citing three prior criminal antecedents, though the petitioner claimed he was already on bail in other cases. The court noted that the charge‑sheet had been filed, the recovery was from an open area, and the petitioner had been in custody since February 2026. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions regarding attendance and surety qualifications.
Issues considered
- Whether bail should be granted to the accused under the Arms Act when the alleged weapon was recovered from an open garden and not from his personal possession.
- Whether the co‑accused’s statement constitutes sufficient evidence to justify denial of bail.
- Whether the petitioner’s prior criminal antecedents preclude bail.
Legislation cited
- Arms Act, 1959 — s. 25(1-b), 25(9), 25(a), 26, 35
Subjects
- bail
- Arms Act
- illegal possession
- search and seizure
- prior criminal record
- open premises
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35821 of 2026
Arising Out of PS. Case No.-62 Year-2025 Thana- NAKARDEI District- East Champaran
======================================================
Ayiyaj Alam @ Ayiyaj Miya @ Faiyaz Miya Son of Gayasuddin Miyan @
Gyasudin Hussain Resident of Village - Sirisiya Mal, P.S. - Nakardei, District
- East Champaran, Bihar - 8453051.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mohd Rustam Hussain, Advocate
For the Opposite Party/s : Dr. Mrityunjaya Kr. Gautam, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 08-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 25(9), 25 (1-b), a, 26 and
35 of the Arms Act.
3. Acting on a viral photo of one person having
weapon in his hand, police apprehended one Raushan Singh and
on his disclosure the police raided at the Garden of the
petitioner from where police recovered one country made pistol
and one live cartridge.
4. It is submitted by learned counsel for the
petitioner that no incriminating article has been recovered from
the conscious physical possession of the petitioner. There is
Patna High Court CR. MISC. No.35821 of 2026(2) dt.08-06-2026
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nothing in the record indicating the complicity of the petitioner
in the occurrence barring the disclosure made by the co-accused,
Raushan Singh, which has no evidentiary value in the eye of
law. The petitioner has been made accused in this case only on
the ground that the garden from which the country made pistol
and live cartridges were recovered belonged to the petitioner. As
a matter of fact, the garden is an open space and easily
accessible to anyone. It is further submitted that there is
violation of mandatory provisions of search and seizure.
Charge-sheet has already been submitted. The petitioner has
been languishing in custody since 03.02.2026.
5. Learned APP for the State opposed the bail
petition on the ground that the petitioner has three criminal
antecedents. In response, it is submitted on behalf of the
petitioner that petitioner is on bail in all the cases.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that
petitioner was remanded in the present case and recovery has
been made from an open place coupled with the fact that the
charge-sheet has been submitted in this case, the above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
Patna High Court CR. MISC. No.35821 of 2026(2) dt.08-06-2026
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of the like amount each to the satisfaction of the learned Court
below where the case is pending/successor Court in connection
with Nakardei P.S. Case No.62 of 2025, subject to the
conditions that :
(i) One of the bailors will be his own blood relative,
preferably, father, mother, brother, sister and/or his wife.
(ii) The petitioner shall remain physically present in
court on each and every date during trial and in the event of
failure on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
(Soni Shrivastava, J)
Trivedi/-
U T
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