Sarfaraj Aalam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75826 of 2025 Arising Out of PS. Case No.-497 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Sarfaraj Aalam S/O Shekh Jalim Akhatar R/O Vill.- Jaysingpur Retwa, P.S.- Turkauliya, District- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-01-2026 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 and 35 of the Arms Act.

3. The case of the prosecution in short is that the I.O. of Turkauliya P.S. Case No. 496 of 2024 has informed the informant that in the confessional statement of this petitioner some recovery may be made and on this input the confessional statement of this petitioner was recorded and on his confessional statement one country made pistol and one live cartridge and a laptop were recovered.

4. Learned counsel for the petitioner has submitted that a case has been lodged as Turkauliya P.S. Case no. 497 of 2024. It has further been submitted that nothing has been

Patna High Court CR. MISC. No.75826 of 2025(2) dt.12-01-2026 2/2 recovered from the possession of the petitioner. Learned counsel has further submitted that the witnesses of seizure list are police personnel and they have not complied Section 105 of the BNSS while making seizure. Learned counsel for the petitioner has submitted that the petitioner is in judicial custody since 19.11.2024.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer of bail to the petitioner and has submitted that the petitioner is having criminal antecedent of four 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 released on bail in connection with Turkauliya P.S. Case No. 497 of 2024 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Motihari, East Champaran.

(Ashok Kumar Pandey, J) durgesh/- U T