Patna High Court
Md. JunaidversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Md. Junaid, was arrested in connection with a case registered under sections 25(1‑b)a, 26 and 35 of the Arms Act and sections 310(4) and 310(5) of the Bihar Narcotic Substances Act, after police recovered a pistol, three live cartridges and a mobile phone from the scene. The petitioner claimed innocence, arguing that nothing was seized from his personal possession and that the police failed to comply with Section 105 of the BNSS while preparing the seizure. He had been in judicial custody since 25‑11‑2025 and sought regular bail, while the State opposed bail citing two prior criminal antecedents. After hearing both sides, the Court found the bail application reasonable despite the serious nature of the offences and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties. The order was directed to be complied with by the Chief Judicial Magistrate, Purnea.
Issues considered
- Whether regular bail can be granted in offences punishable under the Arms Act and the Bihar Narcotic Substances Act.
- Whether the seizure of the weapon and cartridges was lawful given the alleged non‑compliance with Section 105 of the BNSS.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Arms Act — s. 25(1‑b)a, 26, 35
- Bihar Narcotic Substances Act — s. 105, 310(4), 310(5)
Subjects
- bail
- Arms Act
- Bihar Narcotic Substances Act
- seizure
- Section 105
- criminal antecedents
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9553 of 2026
Arising Out of PS. Case No.-586 Year-2025 Thana- PURNEA SADAR District- Purnia
======================================================
Md. Junaid Son of Md. Gasul @ Gaisul Nadaf Resident of Village- Rangpura,
P.S.- Mirganj, District- Purnea, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, 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 regular bail in a case
registered for the offence punishable under sections 25(1-b)a, 26
and 35 of the Arms Act and Sections 310(4), 310(5) of BNS.
3. The case of the prosecution is that police has
apprehended on Dheeran Sah and he has disclosed that he along
with his friends was planning to commit some offence. On the
basis of information given by apprehended person, police
reached at the place of occurrence and apprehended the
petitioner along with other. From the possession of this
petitioner, one country made pistol along with three live
cartridges and a mobile phone were recovered.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.9553 of 2026(2) dt.19-02-2026
2/2
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. The seizure list
witnesses are police personnel and police has not followed
Section 105 of BNSS while preparing the seizure. Moreover, he
is languishing in judicial custody since 25.11.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having two criminal antecedents.
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 released on bail in connection with
Sadar P.S. Case No. 586 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Purnea.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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