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Patna High Court

Md Altamas Khan @ Altamas KhanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Md Altamas Khan, was charged under sections 25(1‑B)(a) and 26 of the Arms Act after a pistol and live cartridges were recovered from his jointly‑owned house. He contended that he had no personal possession of the weapons, that the seizure violated the mandatory provisions of section 105 of the BNS, and that he had no prior criminal record, having been in judicial custody since 16‑12‑2025. The State opposed his bail application. The Court, after considering the alleged procedural lapse and the petitioner’s lack of antecedents, decided to grant regular bail on the condition of a Rs.10,000 bond with two sureties. The order directed the petitioner’s release upon compliance with the bail conditions.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seizure of arms from his residence.
  • Whether the alleged non‑compliance with section 105 of the BNS renders the seizure invalid and affects bail considerations.
  • Whether the petitioner’s lack of prior criminal antecedents and the circumstances of the case justify bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • section 105 procedural lapse
  • joint house
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7754 of 2026
                         Arising Out of PS. Case No.-430 Year-2025 Thana- GURUA District- Gaya
                 ======================================================
                 Md Altamas Khan @ Altamas Khan Son of Md. Soni Khan Resident Of
                 Village - Sidharthpur Gurua, P.S.- Gurua, District - Gaya.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Md. Javed Jafar Khan, Advocate
                 For the Opposite Party/s :       Mr.Ram Sumiran Rai, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-02-2026                     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 of the Arms Act.

                                3. The case of the prosecution is that from the house

                   of the petitioner two country made pistol and two live cartridges

                   were recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that the

                   house is joint one. Nothing has been recovered from the

                   possession of this petitioner. It is further submitted that all the

                   witness of seizure list are police personnel and the police have
            Patna High Court CR. MISC. No.7754 of 2026(2) dt.12-02-2026
                                                        2/2




                      not followed the mandatory provision of section 105 of the BNS

                      during the time of seizure. Moreover, the petitioner is

                      languishing in judicial custody since 16.12.2025 having no

                      criminal antecedent.

                                   5. Learned APP appearing for the state has opposed

                      the prayer of regular bail.

                                   6. Considering the aforesaid 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 Gurua P.S. Case No. 430 of 2025 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Judicial Magistrate, 1st Class, Sherghati, Gaya.



                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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