Aslam Khan @ Mohamad Aslam KhanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90088 of 2025
                     Arising Out of PS. Case No.-125 Year-2025 Thana- ARIYARI District- Sheikhpura
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           1.     Aslam Khan @ Mohamad Aslam Khan S/o Late Md. Ismail Khan, R/o
                  Village- Sanaiya, P.S- Ariyari, Dist- Sheikhpura.
           2.    Md. Akbar Khan S/o Aslam Khan @ Mohamad Aslam Khan, R/o Village-
                 Sanaiya, P.S- Ariyari, Dist- Sheikhpura.

                                                                                    ... ... Petitioners
                                                        Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Brajendra Nath Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   20-02-2026                     Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                   2. In the present case, the petitioners seek bail in

                   connection with Ariyari P.S. Case No. 125 of 2025 dated

                   07.10.2025, registered for the offences punishable under

                   Sections 25(1-B)a, 26 and 35 of the Arms Act.

                                   3. As per the prosecution case, upon receiving

                   confidential information, a raid was conducted on the house of

                   petitioner no. 1 and petitioners were apprehended from the

                   house and thereafter, two country-made katta, one single barrel

                   gun, one double barrel gun along with 18 live cartridges of 12

                   bore and 28 brass cartridges with 3 misfired cartridges and a

                   bandolier were recovered.
Patna High Court CR. MISC. No.90088 of 2025(3) dt.20-02-2026
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                          4. Learned counsel appearing on behalf of the

          petitioners submits that petitioners are father and son and they

          have falsely been implicated in the present case. The seized fire-

          arms were sent for examination and the report shows three

          country-made katta and a double barrel gun were received for

          testing. It falsifies the prosecution case, as the allegation is that

          two country made katta, one single barrel gun and one double

          barrel gun were seized. Learned counsel further submits that

          there is non-compliance of Sections 103 and 105 of the

          B.N.S.S., 2023 and the non-compliance of the mandatory

          provisions would render the whole search and seizure to be

          illegal. Learned counsel further submits that the police cannot

          bypass Section 105 of the B.N.S.S., 2023, which is mandatory

          in nature and non-compliance would result in failure of

          prosecution. Learned counsel next submits that petitioner no. 1

          is having antecedent of three cases and petitioner no. 2 is having

          antecedent of one case, however, both the petitioners are on bail

          in all the said cases. Learned counsel lastly submits that

          petitioners are in custody since 08.10.2025 and chargesheet has

          been submitted.

                          5. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioners and
Patna High Court CR. MISC. No.90088 of 2025(3) dt.20-02-2026
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          submits that from the seizure made from the petitioners, it is

          apparent that they have been dealing with illicit fire-arms and

          ammunition at large scale and they appear to be habitual

          offenders.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          nature of allegation and the materials available on record and

          further considering the submission of chargesheet and their

          period of custody, the petitioners, above-named, are directed to

          be released on bail, on furnishing bail bonds of Rs.10,000/-

          (Rupees Ten Thousand Only) each with two sureties of the like

          amount each to the satisfaction of learned Additional Chief

          Judicial Magistrate-II, Sheikhpura / concerned Court, in

          connection with Ariyari P.S. Case No. 125 of 2025, subject to

          the condition laid down under Section 480(3) of the B.N.S.S.

          and other following conditions:

                          (i) One of the bailors will be a close relative of the

          petitioners.

                          (ii) The petitioners will remain present on each and

          every date fixed by the court below, if so required by the learned

          trial Court.

                          (iii) In case of absence on three consecutive dates
          Patna High Court CR. MISC. No.90088 of 2025(3) dt.20-02-2026
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                    or in violation of the terms of the bail, the bail bond of the

                    petitioners will be liable to be cancelled by the Court

                    concerned.


                                                                (Arun Kumar Jha, J)

Shahnawaz/-

U     T