Patna High Court

Md. Jahiruddin Alam @ Jaheeruddin Alam @ Md. Jahir @ Md. Jahir Alam @ Zahir UddinversusThe State of Bihar

Decided: 3 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner, subject to a cash bond and two sureties.

Summary

The petitioner, Md. Jahiruddin Alam, was arrested on 7 August 2025 in connection with a raid that uncovered illegal firearms and related materials at a co-accused's house. He is charged under several provisions of the Arms Act (Sections 25(1‑A), 25(1‑AA), 25(1‑Ba), 26, 35) and the Bharatiya Nyaya Sanhita, 2023 (Sections 317(2), 317(5), 61(2), 3(5)). The petitioner claims he was falsely implicated, had no direct possession of the seized arms, and points out non‑compliance with Section 103 of the BNSS. The prosecution opposed bail, citing the seriousness of the offences and the petitioner’s prior criminal antecedent. The court noted that a charge‑sheet had already been filed and, considering the custody period and the circumstances, decided to grant bail on the condition of a Rs.15,000 bond with two sureties of equal amount.

Issues considered

Whether bail should be granted to an accused charged under the Arms Act and BNSS despite a prior criminal antecedent.
Whether the alleged non‑compliance with Section 103 of the BNSS affects the bail application.
Whether the filing of a charge‑sheet and the nature of the seized arms justify denial of bail.

Legislation cited

Arms Act — s. 25(1-A), 25(1-AA), 25(1-Ba), 26, 35
Bharatiya Nyaya Sanhita, 2023 — s. 317(2), 317(5), 3(5), 61(2)

Subjects

bail
Arms Act
Bharatiya Nyaya Sanhita
false implication
charge sheet
sureties
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.5550 of 2026
                         Arising Out of PS. Case No.-121 Year-2025 Thana- GARHI District- Jamui
                 ======================================================
                 Md. Jahiruddin Alam @ Jaheeruddin Alam @ Md. Jahir @ Md. Jahir Alam @
                 Zahir Uddin S/O Md. Jabbar R/O Village- Mirjapur, P.O- Bardha, P.S-
                 Muffasil, District- Muger.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Priyanka Singh, Advocate
                 For the Opposite Party/s :        Mr. Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   03-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with Garhi

                   P.S. Case No. 121 of 2025 instituted for the offence under

                   Sections 25(1-A), 25(1-AA), 25(1-B)a, 26 & 35 of the Arms Act

                   and Sections 317(2), 317(5), 61(2) & 3(5) of the Bharatiya

                   Nyaya Sanhita, 2023.

                           3.       The prosecution case, in brief, is that on

                   06.08.2025, on receipt of secret information, a raiding team

                   conducted a raid at the house of co-accused, namely, Munna

                   Saw, and allegedly apprehended five persons manufacturing

                   illegal firearms, from whose possession illegal arms, tools and

                   materials used for manufacturing firearms were recovered and
Patna High Court CR. MISC. No.5550 of 2026(2) dt.03-02-2026
                                            2/3




          seized.

                  4.      It has been submitted on behalf of the petitioner

          that the petitioner is in custody since 07.08.2025. Petitioner

          bears one criminal antecedent, as per disclosure made in

          paragraph No. 3 of the bail application.

                  5.      It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. It is submitted that petitioner has no concern with the

          recovered arms. Nothing has been recovered from the conscious

          possession of the petitioner. Learned counsel next submits that

          police after investigation has already submitted charge sheet in

          this case. There is no compliance of Section 103 of the BNSS,

          2023.

                  6.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  7.      Considering the aforesaid facts and circumstances

          of the case, period of custody of the petitioner and charge sheet

          being submitted, this Court is inclined to grant bail to the

          petitioner.

                  8.      Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

          of the like amount each to the satisfaction of Court
           Patna High Court CR. MISC. No.5550 of 2026(2) dt.03-02-2026
                                                       3/3




                     below/concerned Court in connection with Garhi P.S. Case No.

                     121 of 2025.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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