Patna High Court
Md. Barish Alam @ Warish Alam @ Md. WarishversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail in the arms case.
Summary
The petitioner, Md. Barish Alam, was arrested in connection with an alleged possession of a loaded pistol and cartridge under sections 25(1‑b)a and 26 of the Arms Act. The prosecution claimed the weapon was recovered from his possession, while the petitioner contended that nothing was seized, citing the absence of a seizure list and non‑compliance with Section 105 of the B.N.S.S. He had been in judicial custody since 27 September 2025. The State opposed bail, highlighting the petitioner’s nine prior criminal cases. After hearing both sides, the court noted the procedural irregularities and the principle of bail, and decided to enlarge regular bail. The petitioner was released on a bail bond of Rs 10,000 with two sureties and ordered to attend weekly at the Chausa police station.
Issues considered
- Whether the petitioner is entitled to regular bail despite alleged possession of an illegal firearm under the Arms Act
- Whether procedural lapses in the seizure (absence of seizure list and non‑compliance with Section 105 of B.N.S.S.) affect the bail decision
- Impact of the petitioner’s prior criminal antecedents on the grant of bail
Legislation cited
Subjects
- bail
- Arms Act
- seizure procedure
- criminal antecedent
- regular bail
- procedural lapse
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4905 of 2026
Arising Out of PS. Case No.-259 Year-2025 Thana- CHAUSA District- Madhepura
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Md. Barish Alam @ Warish Alam @ Md. Warish S/O Md. Belal @ Balal
Ahmad R/O Village- Paina, P.S- Chausa, Distt.- Madhepura, State- Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pintu Kumar Patel, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 25(1-b)a
and 26 of the Arms Act.
3. The case of the prosecution is that from the
possession this petitioner one loaded country made pistol along
with one live cartridge was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of this petitioner. There is no
independent witness of the seizure list. Police has not followed
Section 105 of B.N.S.S. while preparing seizure. Moreover, the
Patna High Court CR. MISC. No.4905 of 2026(2) dt.03-02-2026
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petitioner is languishing in judicial custody since 27.09.2025. r
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having criminal antecedent of nine
cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Chausa P.S. Case No. 259 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Sessions Judge, Madhepura
with a condition that the petitioner shall mark his weekly
attendance at Chausa P.S.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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