Patna High Court
Md. Aftab Alam @ Md. AfttabversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners as the prosecution’s case rested solely on a co‑accused’s confessional statement and no material evidence linked the petitioners to the illegal arms.
Summary
The petitioners, Md. Aftab Alam and Md. Abid Alam, sought anticipatory bail in a case registered under the Arms Act for alleged possession of illegal arms. The prosecution’s case relied solely on the confessional statement of a co‑accused, Md. Ekram, who had been caught with the weapons and named the petitioners as his associates. No incriminating article was recovered from the petitioners’ possession and they asserted clean antecedents. The learned APP opposed the bail, arguing the seriousness of the offences. Considering the lack of material evidence against the petitioners apart from the co‑accused’s statement, the court granted anticipatory bail subject to a bail‑bond of Rs 10,000 with two sureties and the condition that the bail be executed within eight weeks under Section 482(2) of the CrPC. The order effectively protects the petitioners from arrest in the pending investigation.
Issues considered
- Whether anticipatory bail should be granted when the only evidence against the accused is a confessional statement of a co‑accused.
- Whether the absence of any incriminating article and the petitioners' clean antecedents justify the grant of anticipatory bail under the Arms Act offences.
Legislation cited
- Arms Act — s. 25(1)(1‑AA), 25[1-(1‑be)], 26, 28, 35
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Arms Act
- confessional statement
- clean antecedents
- Section 482 CrPC
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7005 of 2026
Arising Out of PS. Case No.-247 Year-2022 Thana- SHAHKUND District- Bhagalpur
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1. Md. Aftab Alam @ Md. Afttab S/o- Murshid Alam @ Md. Murshid Marhum
R/o - Mirzapur Bardah, P.S - Muffasil, District - Munger
2. Md. Abid @ Raju @ Md. Abid Alam S/o- Md. Shamshad Alam @ Md.
Shamshad @ Sujan R/o - Mirzapur Bardah, P.S - Muffasil, District - Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Sanjiv Kumar Singh, Advocate
For the State : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 25(1)(1-
AA), 25[1-(1-b)e], 26, 28 and 35 of the Arms Act.
3. As per prosecution case, one Md. Ekram was
apprehended with illegal arms and ammunition and he disclosed
the name of these petitioners as his associates.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Petitioners have falsely been
implicated in this case merely on the basis of confessional
Patna High Court CR. MISC. No.7005 of 2026(2) dt.19-02-2026
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statement of co-accused Md. Ekram from whose possession,
illegal arms and ammunition has been recovered. Save and
except confessional statement, there is no other material on
record to show the complicity of this petitioner in the alleged
offence. No incriminating article has been recovered from
possession of these petitioners. Petitioners claim clean
antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, fact that no incriminating article has been recovered from
possession of these petitioners and clean antecedents of the
petitioners, the prayer for grant of anticipatory bail to the
petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned A.C.J.M.-II,
Bhagalpur in connection with Shahkund (Sajour) P.S. Case No.
247 of 2022, subject to condition as laid down under Section
Patna High Court CR. MISC. No.7005 of 2026(2) dt.19-02-2026
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482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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