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Patna High Court

Md. Shahid @ Md. SahidversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Md. Shahid, was arrested in connection with the alleged possession of four country-made pistols and thirty live cartridges, and charged under sections 25(1‑b)a, 26 and 35 of the Arms Act and section 111 of the Bihar Narcotic Substances Act (BNS). He contended that the seizure was unlawful because the police failed to comply with section 105 of the BNS while preparing the seizure list, and asserted that nothing was recovered from his possession. The petitioner has been in judicial custody since 28‑08‑2025 and has no prior criminal record. The State opposed the bail application, citing the seriousness of the arms offences. After hearing both sides, the Court found merit in the petitioner's claim of procedural irregularities and, considering his lack of antecedents, ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the arms offences.
  • Whether the seizure of the pistols and cartridges was lawful in view of alleged non‑compliance with section 105 of the BNS.
  • Whether the petitioner’s lack of criminal antecedents warrants bail.

Legislation cited

Subjects

  • regular bail
  • arms possession
  • seizure procedure
  • section 105
  • judicial custody
  • no criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89414 of 2025
                       Arising Out of PS. Case No.-924 Year-2025 Thana- ALAMGANJ District- Patna
                 ======================================================
                 Md. Shahid @ Md. Sahid S/o Md. Pappu R/o Village- Chhoti Bazar, P.S-
                 Khajekalan, Dist- Patna.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arvind Kumar Pradhan, Advocate
                 For the Opposite Party/s :       Mr. Ram Anurag Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   10-03-2026                     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 25(1-b)a, 26

                   and 35 of the Arms Act and Section 111 of BNS.

                                3. The case of the prosecution is that from the

                   possession of this petitioner, four country made pistols along

                   with thirty live cartridges was recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that nothing has been

                   recovered from the possession of the petitioner. The seizure list

                   witnesses are police personnel and police has not followed

                   Section 105 of BNSS while preparing the seizure. Moreover, he
            Patna High Court CR. MISC. No.89414 of 2025(3) dt.10-03-2026
                                                        2/2




                      is languishing in judicial custody since 28.08.2025 having no

                      criminal antecedent.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   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 released on bail in connection with

                      Alamganj P.S. Case No. 924 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 ACJM, VI, Patna City.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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