Md. Belal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22558 of 2026 Arising Out of PS. Case No.-411 Year-2025 Thana- BALIYA District- Begusarai ====================================================== Md. Belal S/o Md. Korais @ Mohd. Kureshuddin Resident of Village- Chhoti Ballia, Mansurachak @ Mansoorchak, Ward No. 15, Bhagwati Sthan, P.S.- Ballia @ Baliya, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar, Advocate For the Opposite Party/s :
Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-04-2026 Heard Mr.Arvind Kumar, learned counsel for the petitioner and Mr.Ram Sumiran Rai, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 28.09.2025 in connection with Ballia @ Baliya P.S. Case No. 411 of 2025, F.I.R. dated 27.09.2025 registered for the offence punishable under Sections 25(1-B)(a),26,35 of Arms Act.
3. As per FIR, allegation against the petitioner is that the petitioner alongwith other co-accused persons were planning for committing crime and one country made pistol, one live cartridge and one key pad mobile phone were recovered from possession of the petitioner.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.22558 of 2026(2) dt.07-04-2026 2/3 submits that the petitioner has clean antecedent. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. Although from a bare perusal of the FIR it appears that one loaded country made pistol, four live cartridges, one key paid mobile and mobile of Vivo were recovery from possession of the petitioner. Learned counsel for the petitioner submits that from a bare perusal of the seizure list it appears that there is non-compliance of Sections 103 and 105 of BNSS, 2023 and the police, after investigation, submitted the chargesheet against the petitioner and the petitioner is in custody since 28.09.2025.
5. Learned APP for the State has opposed the prayer for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean antecedent, there is non-compliance of Sections 103 and 105 of BNSS, 2023 as well as the period of custody, 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 Sub-Judge-cum-C.J.M., Begusarai in connection with Ballia @ Baliya P.S. Case No. 411 of 2025, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.22558 of 2026(2) dt.07-04-2026 3/3 properly represented on each and every date fixed by the Court 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