Patna High Court
Inzamamul @ AppuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, directing his release on bond with conditions.
Summary
The petitioner, Inzamamul @ Appu, was arrested in a police raid on a house linked to a co‑accused alleged to be running a mini gun factory. The police recovered firearms and related materials, but none were found on the petitioner. He contended that the search violated Section 103(4)(5) of the B.N.S.S., 2023 and that he was falsely implicated, citing the grant of bail to a similarly situated co‑accused, Wasim. The State opposed bail, arguing the seriousness of the offences under the Arms Act and the petitioner’s antecedent cases. Considering the lack of incriminating material against him, the prior bail to a co‑accused, the filing of the charge‑sheet and the length of his custody, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S.
Issues considered
- Whether bail should be granted when no incriminating material is recovered from the accused despite the seriousness of the Arms Act offences.
- Whether alleged violations of Section 103(4)(5) of the B.N.S.S., 2023 during search and seizure warrant bail.
- Whether the petitioner’s antecedent criminal cases affect the grant of bail.
Legislation cited
- Arms Act — s. 25(1)(a), 25(1-B)(a), 26(i), 26(ii), 35
- B.N.S.S., 2023 — s. 103(4)(5), 480(3)
Subjects
- bail
- Arms Act
- search and seizure
- B.N.S.S. 2023
- criminal procedure
- antecedent cases
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91486 of 2025
Arising Out of PS. Case No.-111 Year-2025 Thana- MORKAHI District- Khagaria
======================================================
Inzamamul @ Appu S/o Ali Azam @ Md. Ali Alam, R/o - Mirzapur Bardah,
P.S - Muffasil, District - Munger.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Sanjiv Kumar Singh, Advocate
For the State : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 24-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Morkahi P.S. Case No. 111 of 2025 dated
22.07.2025, registered for the offences punishable under
Sections 25(1-B)(a), 25(1)(a), 26(i), 26(ii) and 35 of the Arms
Act.
3. As per the prosecution case, police received
secret information about the co-accused Guddu Yadav running a
mini gun factory and a raid was conducted on the house of
Guddu Yadav and three persons including this petitioner were
apprehended from the spot. Eight to nine persons fled away
taking advantage of bushes. On search of the said house, a
number of articles used in manufacture of fire-arms were
recovered. Further recovery of pistol and semi-prepared pistol
Patna High Court CR. MISC. No.91486 of 2025(4) dt.24-02-2026
2/3
etc. were made.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and he has falsely
been implicated in the present case. There is no independent
witness to the search and seizure and therefore, there is violation
of Section 103(4)(5) of the B.N.S.S., 2023. The recovery has
been made from the house of the co-accused and petitioner has
no concern with the with the co-accused. Nothing incriminating
was recovered from person or possession of this petitioner. A
similarly placed co-accused, namely Wasim @ Vasim has been
granted bail by a learned co-ordinate Bench of this Court vide
order dated 19.02.2026 passed in Cr. Misc. No. 8819 of 2026.
Learned counsel next submits that petitioner is having
antecedent of four cases and out of four cases, he has been
acquitted in one case and is on bail in rest of the cases. Learned
counsel lastly submits that petitioner is in custody since
23.07.2025 and chargesheet has been submitted.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that no recovery of any incriminating material has been
Patna High Court CR. MISC. No.91486 of 2025(4) dt.24-02-2026
3/3
shown from this petitioner and also considering grant of bail to
a similarly placed co-accused and further considering
petitioner’s period of custody and submission of chargesheet,
the petitioner, above-named, is directed to be released on bail,
on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-I,
Khagaria / concerned Court, in connection with Morkahi P.S.
Case No. 111 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
petitioner.
(ii) The petitioner 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
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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