Patna High Court
Md. AlauddinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioner, subject to bond, sureties and conditions of cooperation with the investigation.
Summary
The petitioner, Md. Alauddin, caretaker of a madarsa, feared arrest in a case under Sections 25(1B)(a) and 26 of the Arms Act after a gun was recovered from the madarsa premises during a police raid. He contended that the weapon was not in his conscious possession, the seizure was conducted without proper adherence to search and seizure procedures, and the seizure list lacked credible signatures. The State opposed his request for anticipatory bail, relying on the FIR allegations. The Court, noting the absence of recovery from the petitioner’s possession, lack of independent witnesses to the seizure list, and the petitioner’s clean criminal record, granted anticipatory bail subject to a bond, sureties, and cooperation with the investigation. The order also invoked Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the Arms Act offences alleged in the FIR.
- Whether the alleged violations of search and seizure procedures affect the petitioner’s liability.
- Whether the petitioner’s lack of criminal antecedent warrants bail.
Legislation cited
- Arms Act — s. 25(1B)(a), 26
- Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Arms Act
- search and seizure
- caretaker
- madarsa
- procedural violation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57806 of 2025
Arising Out of PS. Case No.-88 Year-2025 Thana- LAUKAHI District- Madhubani
======================================================
Md. Alauddin S/O Md. Jibachh Miya @ Md. Jibachh R/O Village- Dhobiyahi,
Ward No. 11, Karhari, P.S- Laukahi, Distt.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baleshwar Kamat, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 25(1B)(a) and 26 of the
Arms Act.
3. The allegation is that of recovery of a gun from the
Madarsa upon raid being conducted on a secret information.
4. The learned counsel for the petitioner submits that so
far as the petitioner is concerned, he happens to be the care taker of
the said Madarsa and there were five other teachers, who were
teaching students admitted in the said Madarsa. It has also been
submitted that no recovery was made from the conscious possession
of the petitioner and the mandatory provisions of search and seizure
were also violated as the seizure list bears signature of two members
of the police force. Further, the place of recovery has also been said
to be near the bathroom under the grass within premises of the
Madarsa, for which the petitioner cannot be held to be liable.
5. Learned APP for the State opposed the prayer for
Patna High Court CR. MISC. No.57806 of 2025(4) dt.21-01-2026
2/2
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and circumstances
and considering the fact that recovery is not from the conscious
possession of the petitioner and there are no independent witnesses to
the seizure list, coupled with the fact that the petitioner has no
criminal antecedent, let the above named petitioner, be released on
bail, in the event of his arrest or surrender before the learned Court
below within a period of four weeks from today, on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Court below where
the case is pending/successor Court in connection with Laukahi P.S.
Case No. 88 of 2025, subject to the condition as laid down under
Section 438 (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya
Nagarik Suraksha Sanhita (BNSS), 2023, subject to further
condition:
“(i)The petitioner shall co-operate with
the investigation, if not already concluded and make
himself available as and when so required, failing
which the prosecution will be at liberty to move
cancellation of his bail bond.”.
(Soni Shrivastava, J)
anand/-
U T
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