Abdul Samad Khan @ Abdul Sammad Khan @ Lalla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85089 of 2025 Arising Out of PS. Case No.-128 Year-2025 Thana- ARIYARI District- Sheikhpura ====================================================== Abdul Samad Khan @ Abdul Sammad Khan @ Lalla Son of Imtiyaz Khan@Md. Imteyaz Khan Resident of Village - Dhankaul, Police Station - Ariyari, District - Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-12-2025 Heard learned counsel for the petitioner and Mr. Abhay Kumar, 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 and 26 of the Arms Act.

3. The case of the prosecution in short is that from possession of this petitioner one country made pistol and 10 live cartridges were recovered.

4. Learned counsel for the petitioner has submitted that the recovery has been made from the house; no recovery has been made from the physical possession of this petitioner. It has also been submitted that police has not complied Section 105 of the BNSS while making seizure. Learned counsel for the petitioner has further submitted that the petitioner is a man of

Patna High Court CR. MISC. No.85089 of 2025(2) dt.16-12-2025 2/2 clean antecedent and is in judicial custody since 15.10.2025.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the bail of the petitioner.

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 Ariyari P.S. Case No. 128 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 Additional Chief Judicial Magistrate-II, Sheikhpura.

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