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Patna High Court

Md. Naiyer Alam @ Naiyar AlamversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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