Patna High Court
Md. Naiyer Alam @ Naiyar AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Md. Naiyer Alam, was arrested in connection with a case involving alleged violations of the Bihar Narcotic Substances Act and the Arms Act, based on a police raid that recovered arms from a poultry farm allegedly linked to a gun factory run by Pankaj Kumar. The prosecution alleged that the petitioner supplied raw materials for the illegal arms operation, while the petitioner’s counsel argued that only the statement of Pankaj Kumar and two mobile phones were recovered from the petitioner’s premises, and that there was no other incriminating evidence. The petitioner had been in judicial custody since 19 April 2025 and faced three prior criminal cases, which the State highlighted in opposing bail. After considering the limited material evidence and the petitioner’s custody duration, the court decided to grant regular bail, subject to a bail bond of Rs.10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey of the Patna High Court.
Issues considered
- Whether the petitioner is entitled to regular bail despite the allegations under the Bihar Narcotic Substances Act and the Arms Act.
- Whether the material evidence recovered from the petitioner’s premises justifies continued judicial custody.
- Whether the petitioner’s prior criminal antecedents warrant denial of bail.
Legislation cited
- Arms Act — s. 25(1)(1-AA), 25(1)(a)(c), 25(1-b)a, 25(1-B(C), 26, 28, 35
- Bihar Narcotic Substances Act — s. 111(2), 318(4), 336(3), 338, 340(2), 61(2)
Subjects
- bail
- judicial custody
- Arms Act
- Bihar Narcotic Substances Act
- criminal antecedent
- high court
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88774 of 2025
Arising Out of PS. Case No.-63 Year-2025 Thana- PALANWA District- East Champaran
======================================================
Md. Naiyer Alam @ Naiyar Alam Son of Sheikh Tauhuddin @ Md
Tauhiddudin Resident of Hajrat Khanwah Road, Munger, Police Station -
Kasim Bazar, District - Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate
Mr. Mayank Raj, Advocate
Mr. Santosh Kumar Pandey, Advocate
Mr. Adarsh, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-01-2026 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 111(2),
318(4), 338, 336(3), 340(2) & 61(2) of the BNS and under
Sections 25(1-b)a, 25(1)(a)(c), 25(1)(1-AA), 25(1-B(C), 26, 28 &
35 of the Arms Act.
3. The case of the prosecution, in short, is that police
had secret information that in village Gadh Sirisiya accused Pankaj
Kumar is running a gun factory in his poultry farm. Thereafter, the
said poultry farm was raided and from that poultry farm many
articles and arms were recovered. On being asked, Pankaj Kumar
disclosed that he collects raw materials from the petitioner and
Patna High Court CR. MISC. No.88774 of 2025(2) dt.06-01-2026
2/2
others.
4. Learned counsel for the petitioner submits that save
and except the statement of Pankaj Kumar, there is nothing against
the petitioner. Only two mobile phones were recovered when the
house of the petitioner was raided. Learned counsel for the
petitioner has submitted that the petitioner is in judicial custody
since 19.04.2025.
5. Learned Additional Prosecutor for the State has
vehemently opposed the bail application of the petitioner and has
submitted that the petitioner is having criminal antecedent of three
cases.
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 Palanawa P.S. Case No. 63 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 Chief Judicial
Magistrate, East Champaran, Motihari.
(Ashok Kumar Pandey, J)
durgesh/-
U T
Checking your session…