Mohamad Imtiyaz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30173 of 2026 Arising Out of PS. Case No.-54 Year-2026 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Mohamad Imtiyaz S/o- Ranjan Mian Resident of Village- Fulwariya tola Ps -Dhaka District- East Champaran Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Tiwari, Adv.
For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-05-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Kundwa Chainpur P.S. Case No. 54 of 2026 registered for the offence punishable under Sections 25(1-B)a, 26 of the Arms Act.
3. The case of the prosecution, in short, is that from the possession of this petitioner, two country made pistol and four live cartridge were recovered.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that nothing has been recovered from the
Patna High Court CR. MISC. No.30173 of 2026(2) dt.07-05-2026 2/2 possession of the petitioner. The witnesses of the seizure list are police personnel and the police has not complied with Section 105 of the BNSS while making the seizure. Moreover, the petitioner is languishing in judicial custody since 07.02.2026.
5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of two cases.
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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Sikrahana, Dhaka, East Champaran in connection with Kundwa Chainpur P.S. Case No. 54 of 2026.
(Ashok Kumar Pandey, J) Sudhanshu/- U T