Patna High Court
MD. IQBAL NAIYARversusTHE STATE OF BIHAR
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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