Patna High Court
Aamir Alam @ Ameer AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to bail.
Summary
The petitioner, Aamir Alam, sought bail in a case (Belaganj P.S. Case No. 583 of 2025) where he was accused under Sections 25(1‑B)a, 26 and 35 of the Arms Act for allegedly supplying a rifle and live cartridges to co‑accused Md. Iqbal Naiyar. The prosecution’s case rested on the recovery of the weapon from Iqbal and his statement implicating the petitioner, while no arms were seized from the petitioner himself. The petitioner contended that he was falsely implicated, had no criminal antecedent, and had been in judicial custody since 13‑Oct‑2025. The State opposed bail, arguing the seriousness of the offence. After hearing both sides, the court found the lack of direct material against the petitioner and his clean record sufficient to grant bail, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail under Sections 25(1‑B)a, 26 and 35 of the Arms Act.
- Whether the co‑accused’s confessional statement alone justifies denial of bail.
- Whether the petitioner’s lack of criminal antecedent and absence of seized arms affect the bail decision.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
Subjects
- bail
- Arms Act
- criminal procedure
- presumption of innocence
- surety
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9304 of 2026
Arising Out of PS. Case No.-583 Year-2025 Thana- BELAGANJ District- Gaya
======================================================
Aamir Alam @ Ameer Alam S/o Md. Shamshad Alam @ Mohammad
Shamshad Alam R/o Village - Bhalua - 1, P.S - Belaganj, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Belaganj P.S. Case No. 583 of 2025 registered for the
offence punishable under Sections 25(1-B)a, 26 and 35 of the
Arms Act.
3. The case of the prosecution in short is that from
the possession of one Md. Iqbal Naiyar, one regular rifle and
sixteen live cartridges were recovered. On being asked, Iqbal
disclosed that the petitioner has supplied him the arms and
ammunition.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.9304 of 2026(2) dt.19-02-2026
2/2
case. He also submits that the name of this petitioner has
surfaced in the confessional statement of co-accused namely,
Md. Iqbal Naiyar. Nothing has been recovered from the
possession of the petitioner. He further submits that a statement
has been made in para 3 of the petition that petitioner has no
criminal antecedent and he is languishing in judicial custody
since 13.10.2025.
5. The application for bail is opposed by learned APP
for the State.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Gaya in connection with Belaganj P.S. Case
No. 583 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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