Patna High Court
Md. Gaji AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioners.
Summary
The petitioners, Md. Gaji Ali and Md. Bismillah Ali, were arrested in connection with a raid that uncovered illegal firearms at a co-accused's residence, leading to charges under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. They contended that no incriminating material was found on them, they have no prior criminal record, and the investigation failed to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, citing the seriousness of the offenses. The court considered the length of custody, lack of direct evidence against the petitioners, and the grant of bail to a co-accused in a related matter. Consequently, the court granted bail to both petitioners upon furnishing a bond of Rs. 15,000 each with two sureties.
Issues considered
- Whether bail should be granted to the petitioners charged under Sections 317(2), 317(5), 61(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and various provisions of the Arms Act.
- Whether the investigation complied with the procedural requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
- Arms Act — s. 25(1)(a), 25(1-AA), 25(1-B)(a), 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 317(2), 317(5), 3(5), 61(2)
Subjects
- bail
- illegal firearms
- pre‑trial detention
- Bharatiya Nyaya Sanhita
- Arms Act
- procedural compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6373 of 2026
Arising Out of PS. Case No.-121 Year-2025 Thana- GARHI District- Jamui
======================================================
1. Md. Gaji Ali Son of Late Md. Shamsul @ Shamsul Haque Resident Of
Village- 66 /16 M, Old Calcutta Road, Titagarh North 24 Pargana, District
-Bairakpur, West Bengal
2. Md. Bismillah Ali son of Late Md. Shamsul @ Shamsul Haque Resident Of
Village- 66 /16 M, Old Calcutta Road, Titagarh North 24 Pargana, District
-Bairakpur, West Bengal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shrish Anurag, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-03-2026 Heard learned counsel for the petitioners, learned
APP for the State and perused the case diary.
2. The petitioners seek bail in connection with Garhi
P.S. Case No. 121 of 2025, instituted for the offences punishable
under Sections 317(2), 317(5), 61(2), 3(5) of the Bharatiya
Nyaya Sanhita, 2023, read with Sections 25(1-B)(a), 25(1)(a),
25(1-AA), 26 and 35 of the Arms Act.
3. The prosecution case, in short, is that on secret
information, a raiding team conducted a raid at the house of co-
accused, namely, Munna Saw, and allegedly apprehended five
Patna High Court CR. MISC. No.6373 of 2026(3) dt.11-03-2026
2/3
persons manufacturing illegal firearms, from whose possession
illegal arms, tools and materials used for manufacturing
firearms were recovered and seized.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioners. Learned counsel for the petitioners
also submitted that the petitioners have got no concern with the
alleged recovery of arms. The petitioners are in custody since
06.08.2025 and have got no criminal antecedent. There is no
compliance of Section 103 of the Bharatiya Nagarik Suraksha
Sanhita, 2023. Learned counsel for the petitioners further
submits that other co-accused has been granted regular bail by
this Court vide order dated 03.02.2026 passed in Cr. Misc. No.
5550 of 2026.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioners, this Court is inclined to grant bail
to the petitioners.
Patna High Court CR. MISC. No.6373 of 2026(3) dt.11-03-2026
3/3
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Garhi P.S. Case No.
121 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
Checking your session…