IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.90088 of 2025 Arising Out of PS. Case No.-125 Year-2025 Thana- ARIYARI District- Sheikhpura ====================================================== 1. Aslam Khan @ Mohamad Aslam Khan S/o Late Md. Ismail Khan, R/o Village- Sanaiya, P.S- Ariyari, Dist- Sheikhpura. 2. Md. Akbar Khan S/o Aslam Khan @ Mohamad Aslam Khan, R/o Village- Sanaiya, P.S- Ariyari, Dist- Sheikhpura. ... ... Petitioners Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Sinha, Advocate For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 3 20-02-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. In the present case, the petitioners seek bail in connection with Ariyari P.S. Case No. 125 of 2025 dated 07.10.2025, registered for the offences punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act. 3. As per the prosecution case, upon receiving confidential information, a raid was conducted on the house of petitioner no. 1 and petitioners were apprehended from the house and thereafter, two country-made katta, one single barrel gun, one double barrel gun along with 18 live cartridges of 12 bore and 28 brass cartridges with 3 misfired cartridges and a bandolier were recovered. Patna High Court CR. MISC. No.90088 of 2025(3) dt.20-02-2026 2/4 4. Learned counsel appearing on behalf of the petitioners submits that petitioners are father and son and they have falsely been implicated in the present case. The seized fire- arms were sent for examination and the report shows three country-made katta and a double barrel gun were received for testing. It falsifies the prosecution case, as the allegation is that two country made katta, one single barrel gun and one double barrel gun were seized. Learned counsel further submits that there is non-compliance of Sections 103 and 105 of the B.N.S.S., 2023 and the non-compliance of the mandatory provisions would render the whole search and seizure to be illegal. Learned counsel further submits that the police cannot bypass Section 105 of the B.N.S.S., 2023, which is mandatory in nature and non-compliance would result in failure of prosecution. Learned counsel next submits that petitioner no. 1 is having antecedent of three cases and petitioner no. 2 is having antecedent of one case, however, both the petitioners are on bail in all the said cases. Learned counsel lastly submits that petitioners are in custody since 08.10.2025 and chargesheet has been submitted. 5. Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioners and Patna High Court CR. MISC. No.90088 of 2025(3) dt.20-02-2026 3/4 submits that from the seizure made from the petitioners, it is apparent that they have been dealing with illicit fire-arms and ammunition at large scale and they appear to be habitual offenders. 6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of allegation and the materials available on record and further considering the submission of chargesheet and their period of custody, the petitioners, above-named, are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Sheikhpura / concerned Court, in connection with Ariyari P.S. Case No. 125 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioners. (ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial Court. (iii) In case of absence on three consecutive dates Patna High Court CR. MISC. No.90088 of 2025(3) dt.20-02-2026 4/4 or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the Court concerned. Shahnawaz/- (Arun Kumar Jha, J) U T