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Patna High Court

Ayiyaj Alam @ Ayiyaj Miya @ Faiyaz MiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                      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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