Patna High Court
Md. Niyamat AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, holding that the circumstances warranted release on bond with conditions.
Summary
The petitioner, Md. Niyamat Ali, was arrested during a vehicle check after a country‑made katta was recovered from beneath his motorcycle seat. He was charged under Sections 25(1‑B)a, 26 and 35 of the Arms Act in PS Arer Case No. 193 of 2025. The petitioner claimed innocence, asserted that no incriminating material was found on him, and highlighted his clean antecedent and the fact that a charge‑sheet had already been filed after his custody since 22 September 2025. The State opposed bail, but the court considered the length of custody, the petitioner’s clean record, and the submission of the charge‑sheet. Accordingly, the court ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Section 480(3) of the BNSS and additional personal surety requirements.
Issues considered
- Whether bail should be granted to an accused under Sections 25(1‑B)a, 26 and 35 of the Arms Act considering the nature of the offence, period of custody, and clean antecedent.
- Whether the conditions prescribed under Section 480(3) of the BNSS are applicable to the bail order.
Legislation cited
Subjects
- bail
- Arms Act
- criminal procedure
- clean antecedent
- charge‑sheet
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84287 of 2025
Arising Out of PS. Case No.-193 Year-2025 Thana- ARER District- Madhubani
======================================================
Md. Niyamat Ali Son of Md. Mokim Resident of Village- Pokhrauni, P.S.-
Rahika, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Arer P.S. Case No. 193 of 2025 registered for the
alleged offences under Sections 25(1-B)a, 26, 35 of the Arms
Act.
03. As per prosecution case, a country made katta was
recovered from beneath the seat of the motorcycle of the
petitioner who was apprehended in a vehicle checking.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this case
and nothing incriminating has been recovered from the person or
possession of the petitioner. Learned counsel further submits that
the petitioner is in custody since 22.09.2025 and charge-sheet has
been submitted. The petitioner is having clean antecedent.
Patna High Court CR. MISC. No.84287 of 2025(3) dt.11-02-2026
2/2
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner and his clean antecedent along
with submission of charge-sheet, the petitioner above named is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount each
to the satisfaction of learned Sub Divisional Judicial Magistrate,
Benipatti, Madhubani/court concerned in connection with Arer
P.S. Case No. 193 of 2025, subject to the conditions mentioned in
Section 480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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