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Patna High Court

Shabir Alam @ Shabir HussainversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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