Patna High Court
Shabir Alam @ Shabir HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to a bond and sureties, under the conditions of section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Petitioner Shabir Alam sought bail after being implicated in an arms case (sections 25(1‑b)/a, 26, 35 of the Arms Act) based solely on the confessional statements of co‑accused persons; no weapon or cartridge was recovered from his possession. The prosecution argued that the recovered items and the co‑accused’s statements linked the petitioner to the offence. The petitioner asserted his innocence, clean antecedent and lack of any incriminating article. The Court, noting the absence of material against the petitioner and his clean record, considered the bail petition under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023. It ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the said Act, and directed surrender within eight weeks.
Issues considered
- Whether bail should be granted to the petitioner under the Arms Act offences given the circumstances of the case.
- Whether the confessional statements of co‑accused persons, without any seized article from the petitioner, suffice to justify denial of bail.
- Whether section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, applies to the bail petition.
Legislation cited
- Arms Act — s. 25(1-b), 25(a), 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- bail
- Arms Act
- confessional statement
- clean antecedent
- surety
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73704 of 2025
Arising Out of PS. Case No.-720 Year-2023 Thana- CHANPATIA District- West Champaran
======================================================
Shabir Alam @ Shabir Hussain Son of Nasrulla Shaikh Resident of Village -
Briandavan, P.S. - Sathi, Dist. - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajdeep Kumar , Advocate
Mr. Arvind Kumar , Advocate
Mr. Nishant Kumar sinha, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 25 (1-b)/a/26/35 of
Arms Act.
3 . The prosecution case , in brief, is that on
05.12.2023 during patrolling duty, police apprehended 3
persons, who were riding motorcycle and one of them
successfully escaped. It is further alleged that one live cartridge
and one hand made gun was recovered from the possession of
apprehended persons who disclosed the name of this petitioner.
4. It is submitted on behalf of the petitioners that
petitioner is innocent and has committed no offence as alleged.
Patna High Court CR. MISC. No.73704 of 2025(2) dt.16-01-2026
2/2
The name of the petitioner transpired during course of
investigation on confessional statement of apprehended co-
accused persons. No incriminating article has been recovered
from possession of petitioner. Petitioner claims clean
antecedent.
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts, clean antecedent of
the petitioner and other circumstances of the case , in the event
of arrest or surrender within eight weeks from today, let the
petitioner, as named above, be enlarged on bail on furnishing
bail bond of Rs.10,000/-(ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate Bettiah West Champaran in connection with
Chanpatia P.S. Case No. 720 of 2023 , subject to the conditions
laid down under section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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