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Patna High CourtCR. MISC./7754/2026allowed

Md Altamas Khan @ Altamas Khan v. The State Of Bihar

2026-02-12Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7754 of 2026 Arising Out of PS. Case No.-430 Year-2025 Thana- GURUA District- Gaya ====================================================== Md Altamas Khan @ Altamas Khan Son of Md. Soni Khan Resident Of Village - Sidharthpur Gurua, P.S.- Gurua, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan, Advocate For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-02-2026 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 of the Arms Act.

3. The case of the prosecution is that from the house of the petitioner two country made pistol and two live cartridges were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that the house is joint one. Nothing has been recovered from the possession of this petitioner. It is further submitted that all the witness of seizure list are police personnel and the police have

Patna High Court CR. MISC. No.7754 of 2026(2) dt.12-02-2026 2/2 not followed the mandatory provision of section 105 of the BNS during the time of seizure. Moreover, the petitioner is languishing in judicial custody since 16.12.2025 having no criminal antecedent.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the aforesaid 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 Gurua P.S. Case No. 430 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 Judicial Magistrate, 1st Class, Sherghati, Gaya. (Ashok Kumar Pandey, J) Jagdish/- U T