Patna High CourtCR. MISC./1372/2026bail granted

Md. Khurshid Alam v. The State Of Bihar

2026-02-13Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1372 of 2026 Arising Out of PS. Case No.-121 Year-2025 Thana- GARHI District- Jamui ====================================================== Md. Khurshid Alam S/o Late Md. Taslim R/o Vill./ Mohalla - Mirzapur Bardah, P.S - Muffasil, District -Munger ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjiv Kumar Singh, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-02-2026 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Garhi P.S. Case No. 121 of 2025, instituted for the offences punishable under Sections 25(1-A), 25(1-AA), 25(1-B)(a), 26, 35 of the Arms Act, read with Sections 317(2), 317(5), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that on 06.08.2025, on receipt of secret information, a raiding team conducted a raid at the house of co-accused, namely, Munna Saw and allegedly apprehended five persons manufacturing illegal firearms, from whose possession illegal arms, tools and materials used for manufacturing firearms were recovered and seized.

Patna High Court CR. MISC. No.1372 of 2026(3) dt.13-02-2026 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submitted that the petitioner has got no concern with the alleged recovery. It is next submitted that name of the petitioner has transpired in this case on the basis of confessional statement of co-accused person and the same has got no evidentiary value. The petitioner is in custody since 07.08.2025 and has got no criminal antecedent. Learned counsel for the petitioner further submits that other co-accused has been granted regular bail by this Court vide order dated 03.02.2026 passed in Cr. Misc. No. 5550 of 2026.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

Patna High Court CR. MISC. No.1372 of 2026(3) dt.13-02-2026 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Garhi P.S. Case No. 121 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T