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Patna High Court

Md. Aftab Alam @ Md. AfttabversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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
                                            2/3




          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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