Patna High Court

Md. Aliamad @ Md. AliadamversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner, finding insufficient grounds to continue his detention.

Summary

The petitioner, Md. Aliamad, was arrested in connection with a case alleging possession of illegal arms and tools for loot/dacoity, based on a police seizure of a tempo and its contents. He contended that he was merely the owner‑driver of the vehicle and that no incriminating items were found on his person, asserting false implication. The prosecution sought to deny bail, citing the serious nature of the offences under the Bharatiya Nyaya Sanhita and the Arms Act. The court examined the lack of direct possession by the petitioner and noted non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita regarding bail procedures. Considering the circumstances, the court granted bail on a bond of Rs.15,000 with two sureties, ordering the petitioner’s release.

Issues considered

Whether the petitioner is entitled to bail despite the serious charges under the Bharatiya Nyaya Sanhita and the Arms Act
Whether the petitioner’s alleged ownership of the tempo constitutes sufficient basis for continued detention
Whether the procedural requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied with

Legislation cited

Arms Act — s. 25(1-b)a, 26, 35
Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
Bharatiya Nyaya Sanhita, 2023 — s. 310(4), 310(5)

Subjects

bail
criminal procedure
arms possession
false implication
section 310
section 25
section 103
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84174 of 2025
                        Arising Out of PS. Case No.-66 Year-2025 Thana- SUPAUL District- Supaul
                 ======================================================
                 Md. Aliamad @ Md. Aliadam S/o Late Hatim Resident of Village- Mahuaa,
                 Ward No. 9, P.S. and District- Supaul



                                                                                   ... ... Petitioner/s
                                                        Versus

                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================

                 Appearance :
                 For the Petitioner/s     :       Mr. Md Harun Quareshi, Advocate
                 For the Opposite Party/s :       Mr. Manoj Kumar, APP
                 ======================================================

                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                    ORAL ORDER

2   28-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Supaul

                   P.S. Case No. 66 of 2025 instituted for the offences under

                   Sections 310(4), 310(5) of the Bharatiya Nyaya Sanhita, 2023

                   and 25(1-b)a, 26, 35 of the Arms Act.

                               3. Prosecution case, in short, is that on 10.02.2025,

                   police intercepted a tempo during night patrolling near Thalha

                   Chowk, Supaul, and recovered illegal arms, live cartridges and

                   tools for committing loot/dacoity from the accused, who failed
Patna High Court CR. MISC. No.84174 of 2025(2) dt.28-01-2026
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          to explain the possession thereof.

                      4. Learned counsel for the petitioner submitted that the

          petitioner has falsely been implicated in the present case.

          Learned counsel further submitted that the petitioner is being

          dragged in this case merely because he happens to be the owner-

          cum-driver of the alleged tempo which was recovered from the

          spot. Learned counsel further submitted that except the said

          vehicle, no incriminating article has been recovered from the

          conscious possession of the petitioner. Learned counsel further

          submitted that petitioner has got no concern with the recovered

          arms and ammunitions. It has been submitted on behalf of the

          petitioner that the petitioner is in custody since 11.02.2025 and

          has one criminal antecedent. There is no compliance of Section

          103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case as also the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court
           Patna High Court CR. MISC. No.84174 of 2025(2) dt.28-01-2026
                                                       3/3




                     below/concerned Court in connection with Supaul P.S. Case

                     No. 66 of 2025.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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