Created by Fuzzy Cloud

Patna High Court

Aamir Alam @ Ameer AlamversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.