Patna High Court
Md. Jahid AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Md. Jahid Alam, was arrested in connection with a case alleging possession of country‑made pistols, cartridges and other weapons, and was charged under Sections 310(4), 310(5) and 61(2) of the B.N.S., 2023 and Sections 25(1‑B)a, 26 and 35 of the Arms Act. The prosecution claimed that police, acting on secret information, seized the weapons from the petitioner, while the defence argued that nothing was actually recovered from him and that the seizure violated Section 105 of the B.N.S., rendering the evidence inadmissible. The petitioner, who had been in judicial custody since 20 August 2025, sought bail, contending innocence and lack of evidentiary support; the State opposed bail on the ground of a prior criminal case. After hearing both sides, the Court examined the legality of the seizure and the relevance of the antecedent case, and decided that the petitioner was entitled to bail. Accordingly, the Court ordered that the petitioner be released on a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the B.N.S. and Arms Act
- Whether the seizure of weapons complied with the procedural requirements of Section 105 of the B.N.S.
- Whether the petitioner’s prior criminal antecedent justifies denial of bail
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- B.N.S., 2023 — s. 105, 310(4), 310(5), 61(2)
Subjects
- bail
- seizure
- arms possession
- B.N.S. 2023
- Arms Act
- Section 105
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89029 of 2025
Arising Out of PS. Case No.-196 Year-2025 Thana- KORHA District- Katihar
======================================================
Md. Jahid Alam S/O Md. Matin Resident Of Village- Gondwara, Ward No. 2,
P.s.- Korha, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abdul Mannan Khan, Advocate
Mr. Hafiz S. Atif, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Korha P.S. Case No. 196 of 2025 registered for the offence
punishable under Sections 310(4), 310(5) and 61(2) of the B.N.S.,
2023 and Sections 25(1-B)a, 26, 35 of the Arms Act.
3.The case of the prosecution in short is that the police
have received secret information that some miscreants armed with
weapons are planning to commit some offence. Police reached
there. It is a further case of the prosecution that five persons were
apprehended, and from the possession of this petitioner, three
country-made pistols, seven live cartridges, an electric cutter, hexa
blades, hammer, knife and other articles were recovered.
4. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.89029 of 2025(2) dt.30-01-2026
2/2
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. Learned
counsel for the petitioner submits that nothing has been recovered
from the possession of the petitioner. The witnesses of the seizure
list are police personnel which has no evidentiary value in the eye
of law. Police have not complied with Section 105 of the BNSS
while making the seizure. He further submits that the petitioner is
languishing in judicial custody since 20.08.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of one case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Katihar in connection with Korha P.S. Case
No. 196 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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