Md. Altaf @ Lucky v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22472 of 2026 Arising Out of PS. Case No.-188 Year-2025 Thana- KHAJAULI District- Madhubani ====================================================== Md. Altaf @ Lucky S/o Md. Mustak Resident of Village- Dumriyahi, Ward No. 06, PS.- Khajauli, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-04-2026 Heard Mr.Shailendra Kumar Jha, learned counsel for the petitioner and Mr.Pranav Kumar, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 07.09.2025 in connection with Khajauli P.S. Case No. 188 of 2025, corresponding to G.r.No.2296/2025, F.I.R. dated 06.09.2025 registered for the offence punishable under Sections 310(4),310(5) of BNS and Sections 25(1-B) a, 26 and 35 of Arms Act.

3. The relates to recovery of one country made pistol, one live cartridge and Samsung Mobile from possession of the petitioner.

4. Learned counsel appearing for the petitioner submits that it appears from the FIR as well as the seizure list

Patna High Court CR. MISC. No.22472 of 2026(2) dt.07-04-2026 2/3 that one country made pistol, one live cartridge and Screen Touch Samsung Mobile was recovered from possession of the petitioner. Learned counsel for the petitioner submits that there is non-compliance of Sections 103 and 105 of the BNSS, 2023 and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 07.09.2025.

5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that it appears from the FIR as well as the seizure list that the recovery has been made from possession of the petitioner, apart from that, the petitioner carries three more cases other than the present one but fairly submits that the petitioner is on bail in all the cases, as mentioned in para-3 of the bail petition.

6. Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M.1st Class, Madhubani in connection with Khajauli P.S. Case No. 188 of 2025, corresponding to G.r.No.2296/2025, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court

Patna High Court CR. MISC. No.22472 of 2026(2) dt.07-04-2026 3/3 and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T