Patna High Court

Md. Reyaj AlamversusThe State of Bihar

Decided: 9 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Md. Reyaj Alam, was arrested in connection with a case involving the recovery of a motorcycle, a pistol, live cartridges and a mobile phone. He sought bail for offences under Sections 111 and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑B)a, 26 and 35 of the Arms Act. The prosecution alleged possession of the arms, while the defence argued that the petitioner had no criminal antecedents, was falsely implicated and that no arms were found in his conscious possession. The court noted the petitioner’s custody since 18‑11‑2025, the lack of prior record and the circumstances of the case, and decided to grant bail. Bail was ordered on a bond of Rs. 15,000 with two sureties, subject to conditions including family surety and mandatory appearance at trial dates.

Issues considered

Whether bail should be granted to the petitioner for offences under the Bharatiya Nyaya Sanhita and the Arms Act
Whether the petitioner’s lack of antecedents and alleged false implication justify bail despite the recovery of arms

Legislation cited

Arms Act — s. 25(1-B)a, 26, 35
Bharatiya Nyaya Sanhita, 2023 — s. 103, 111, 61(2)

Subjects

bail
arms possession
false implication
criminal antecedents
Bharatiya Nyaya Sanhita
Arms Act
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.9260 of 2026
                  Arising Out of PS. Case No.-580 Year-2025 Thana- BANJARIA District- East Champaran
                 ======================================================
                 Md. Reyaj Alam S/o Sk. Ekramul @ Md. Ekramudin R/o Village- Chailaha
                 Kothi, P.S- Banjariya, Dist- East Champaran at Motihari.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   09-03-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Banjariya P.S. Case No. 580 of 2025 instituted for the offence

                   under Sections 111 & 61(2) of the Bharatiya Nyaya Sanhita,

                   2023 and Sections 25(1-B)a, 26 & 35 of the Arms Act.

                           3.       Prosecution case in short is that there is recovery of

                   one motorcycle, one country made pistol, six live cartridges

                   along with one mobile phone from the possession of the

                   petitioner.

                           4.       It has been submitted on behalf of the petitioner

                   that the petitioner is in custody since 18.11.2025. Petitioner

                   bears no criminal antecedents, as per disclosure made in
Patna High Court CR. MISC. No.9260 of 2026(2) dt.09-03-2026
                                            2/3




          paragraph No. 3 of the bail application.

                  5.      It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. It is submitted that petitioner has no concern with the

          recovered arms. Nothing has been recovered from the conscious

          possession of the petitioner. Learned counsel next submits that

          police after investigation has already submitted charge sheet in

          this case. There is no compliance of Section 103 of the BNSS,

          2023.

                  6.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  7.      Considering the aforesaid facts and circumstances

          of the case and period of custody of the petitioner, this Court is

          inclined to grant bail to the petitioner.

                  8.      Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

          of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Banjariya P.S. Case

          No. 580 of 2025, subject to the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioner.

                  (II) The petitioner shall appear on each and every date
           Patna High Court CR. MISC. No.9260 of 2026(2) dt.09-03-2026
                                                       3/3




                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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