Patna High Court
Md Altamas Khan @ Altamas KhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 25(1‑B)(a), 26
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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