Created by Fuzzy Cloud

Patna High Court

MD. IQBAL NAIYARversusTHE STATE OF BIHAR

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner upon furnishing a Rs.10,000 bond with two sureties.

Summary

The petitioner, Md. Iqbal Naiyar, sought bail in a case registered under Sections 25(1‑B)a, 26 and 35 of the Arms Act, alleging that a rifle and sixteen live cartridges were seized from him. He claimed innocence, asserted that the seizure was not made in accordance with Section 105 of the BNSS, and highlighted his lack of prior criminal record while being in judicial custody since 13‑10‑2025. The State opposed the bail application. After hearing both sides, the Court considered the procedural irregularities in the seizure and the petitioner’s circumstances. The Court decided to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Chief Judicial Magistrate, Gaya. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

  • Whether the petitioner is entitled to bail for offences under Sections 25(1‑B)a, 26 and 35 of the Arms Act.
  • Whether the seizure of the weapon and cartridges complied with Section 105 of the BNSS, affecting the bail decision.
  • Whether the petitioner’s lack of prior criminal antecedents and custodial status warrant bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • seizure
  • procedural compliance
  • criminal antecedent
  • BNSS
  • Judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9368 of 2026
                       Arising Out of PS. Case No.-583 Year-2025 Thana- BELAGANJ District- Gaya
                 ======================================================
                 Md. Iqbal Naiyar S/O Late Md. Idris R/O Vill.- Samaspur, P.S.- Belaganj,
                 District- Gaya Ji

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Md. NafisuZzoha, Adv.
                                                  Mr. Md. Mirza Ahraz, Adv.
                                                  Mr. Md. Nasar Iqbal, Adv.
                 For the Opposite Party/s :       Mr. Surendra Prasad 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 this petitioner, one regular rifle and sixteen

                   live cartridges were recovered.

                                 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

                   case. He also submits that nothing has been recovered from the
           Patna High Court CR. MISC. No.9368 of 2026(2) dt.19-02-2026
                                                       2/2




                     possession of the petitioner. The witness of the seizure list are

                     police personnel and the police has not complied with Section

                     105 of the BNSS while making the seizure. 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.