Patna High Court
Sarfaraj AalamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Sarfaraj Aalam was arrested in connection with a case under Sections 25(1‑b)(a), 26 and 35 of the Arms Act after a confessional statement led to the recovery of a pistol, a live cartridge and a laptop. The petitioner contended that nothing was seized from his possession and that the seizure list was not prepared in accordance with Section 105 of the BNSS, also noting that he had been in judicial custody since 19‑Nov‑2024. The State opposed bail, highlighting four prior criminal cases against the petitioner. After hearing both sides, the Court considered the procedural irregularities and the petitioner’s custody status and decided to grant regular bail. The bail was conditioned on a bond of Rs 10,000 with two sureties of the same amount, subject to the satisfaction of the Chief Judicial Magistrate, Motihari.
Issues considered
- Whether bail should be granted to the accused in offences punishable under Sections 25(1‑b)(a), 26 and 35 of the Arms Act despite alleged seizure of weapons and prior criminal antecedents.
- Whether the alleged non‑compliance with Section 105 of the BNSS in the seizure process warrants denial of bail.
Legislation cited
Subjects
- bail
- Arms Act
- seizure procedure
- confessional statement
- prior criminal antecedents
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75826 of 2025
Arising Out of PS. Case No.-497 Year-2024 Thana- TURKAULIYA District- East
Champaran
======================================================
Sarfaraj Aalam S/O Shekh Jalim Akhatar R/O Vill.- Jaysingpur Retwa, P.S.-
Turkauliya, District- East Champaran, Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 25(1-b)(a),
26 and 35 of the Arms Act.
3. The case of the prosecution in short is that the I.O.
of Turkauliya P.S. Case No. 496 of 2024 has informed the
informant that in the confessional statement of this petitioner
some recovery may be made and on this input the confessional
statement of this petitioner was recorded and on his confessional
statement one country made pistol and one live cartridge and a
laptop were recovered.
4. Learned counsel for the petitioner has submitted
that a case has been lodged as Turkauliya P.S. Case no. 497 of
2024. It has further been submitted that nothing has been
Patna High Court CR. MISC. No.75826 of 2025(2) dt.12-01-2026
2/2
recovered from the possession of the petitioner. Learned counsel
has further submitted that the witnesses of seizure list are police
personnel and they have not complied Section 105 of the BNSS
while making seizure. Learned counsel for the petitioner has
submitted that the petitioner is in judicial custody since
19.11.2024.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer of bail to the petitioner and
has submitted that the petitioner is having criminal antecedent
of four cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Turkauliya P.S. Case No. 497 of 2024 on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned CJM, Motihari, East
Champaran.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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