Patna High Court
Md. Guljar AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Md. Guljar Alam, sought bail fearing arrest in a case (Roshna P.S. Case No. 63 of 2025) filed under Section 109 of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The co‑accused alleged that the petitioner had sold the pistol involved in an accidental firing. The petitioner asserted a clean criminal record. The High Court, after hearing counsel, allowed the bail application, directing the lower court to release the petitioner on a bail bond of Rs.10,000 with two sureties, subject to verification of his antecedent, monthly police attendance, and compliance with Section 482 of the BNSS and Section 438(2) of the CrPC. The order also stipulated cancellation of bail for any default in appearance.
Issues considered
- Whether bail should be granted to the petitioner in a case under Section 109 of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act based on the allegations of the co‑accused.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- criminal procedure
- Arms Act
- Bharatiya Nyaya Sanhita
- antecedent verification
- co‑accused statement
- police attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91045 of 2025
Arising Out of PS. Case No.-63 Year-2025 Thana- Roshna District- Katihar
======================================================
Md. Guljar Alam Son of Mansoor Alam Resident of D.S. College, Rasulpur,
P.S.- Nagar Katihar, District - Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Musowir, Advocate
For the State : Mr.Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Roshna P.S. Case No. 63 of 2025 instituted under Section
109 of the Bharatiya Nyaya Sanhita and Section 27 of the Arms
Act.
3. The name of the petitioner has come in the
statement of the co-accused from whose country made pistol
accidental firing took place. The petitioner is said to have sold
the pistol to the co-accused. The petitioner claims clean
antecedent.
4. Considering the aforesaid, this application is
allowed.
5. Accordingly, in the event of arrest or surrender
Patna High Court CR. MISC. No.91045 of 2025(2) dt.28-01-2026
2/2
before the Court below within six weeks from today, the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned J.M. 1 st Class,
Katihar, District- Katihar/ concerned Court in connection with
Roshna P.S. Case No. 63 of 2025, subject to the conditions laid
down in Section 482 of the BNSS/ 438(2) of the Code of
Criminal Procedure, 1973.
6. At the time of accepting bail bonds of the
petitioner, the Court below will verify the criminal antecedent of
the petitioner. If it is found that the petitioner has criminal
antecedent, the Court below shall not accept the bail bonds of
the petitioner and if it is found that the petitioner has clean
antecedent, his bail bonds shall be accepted by the Court below.
7. The petitioner will also mark attendance in Nagar
Katihar Police Station, District-Katihar on the first Sunday of
each month. Any default in appearance at the Police Station
would result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
P. Kumar
U T
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