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Patna High Court

Md. Minhaj Alam @ Md. Pintu AlamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Regular bail cannot be granted when the trial is in progress and prosecution witnesses have already been examined.

Summary

The appellant, Md. Minhaj Alam, was charged under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, Section 27 of the Arms Act and Sections 3(1)(r)(s) and 3(2)(v) of the SC/ST (Prevention of Atrocities) Act for alleged involvement in a killing. He sought regular bail, arguing that a clerical error in the search‑seizure memo did not affect the case and that he has a clean antecedent, contending that the real accused was another person. The prosecution countered that the informant, father of the deceased, had named the appellant and that the trial had already commenced with two prosecution witnesses examined. The court noted that bail is unlikely when trial is underway and witnesses are being examined, and distinguished the earlier bail granted to co‑accused before trial began. Consequently, the court rejected the appellant’s prayer for regular bail.

Issues considered

  • The appropriateness of granting regular bail when the trial has already commenced and witnesses have been examined.
  • Whether the clerical discrepancy in the FIR and search‑seizure memo affects the bail application.
  • Whether the appellant’s clean antecedent and alleged misidentification justify bail.

Legislation cited

Subjects

  • regular bail
  • trial commencement
  • SC/ST Act
  • Arms Act
  • criminal procedure
  • high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.436 of 2026
                    Arising Out of PS. Case No.-69 Year-2025 Thana- BAKHTIYARPUR District- Patna
                 ======================================================
                 Md. Minhaj Alam @ Md. Pintu Alam S/O Md. Subhan Ali R/O Vill.- Chak
                 Daulatpur, P.S.- Bakhtiyarpur, Dist.- Patna

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Sumendar Paswan S/O Late Yogeshwar Paswan R/O Vill.- Chak Daulatpur,
                 P.S.- Bakhtiyarpur, Dist.- Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr.Alok Kumar Alok
                 For the Respondent/s   :        Mr.Binay Krishna
                                                 Ms.Sushma Kumari
                                                 Mr.Bhim Sen
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   01-05-2026                 1. Heard learned counsel for the appellant and the

                   learned Special Public Prosecutor for the State.

                               2. The appellant has challenged the order dated

                   07.01.2026 passed by the learned Exclusive Special Judge,

                   SC/ST (POA) Act, Patna in connection with Special Case

                   No.269 of 2025, Serial No.99 of 2025 arising out of

                   Bakhtiyarpur P. S. Case No.69 of 2025, instituted for the

                   offences under Sections103(1) and 3(5) of the B.N.S., Section

                   27 of the Arms Act and Section 3(1)(r)(s)/3(2)(v) of the

                   Scheduled Castes & Scheduled Tribes (Prevention of Atrocities)

                   Act, whereby his prayer for grant of regular bail has been

                   rejected.
Patna High Court CR. APP (SJ) No.436 of 2026(3) dt.01-05-2026
                                             2/4




                       3. The learned counsel appearing on behalf of the

          appellant submits that from perusal of the FIR, it would

          manifest that the same is Bakhtiyarpur P. S. Case No.69 of 2025

          dated 19.02.2025, but the search and seizure memo appended

          with the FIR records the number of FIR as 16 of 2025 dated

          19.02.2025, as such, it is submitted that the said mistake

          occurred on account of inadvertence committed by the authority

          preparing the search and seizure memo. It is also submitted that

          the search and seizure memo is of the instant FIR.

                       4. In view of the submissions made by the learned

          counsel appearing on behalf of the appellant, the defects as

          pointed out by the office for the present is ignored as it has been

          submitted by the learned counsel appearing on behalf of the

          informant that trial has commenced and witnesses are being

          examined and two prosecution witnesses till date have been

          examined.

                       5. The learned counsel appearing on behalf of the

          appellant submits that appellant is a person with clean

          antecedent and is not named in the FIR and the allegation of

          firing is against Sahil Alam. It is also submitted that appellant

          came to be implicated in the instant case during the course of

          investigation by the informant who took his name. It is also
Patna High Court CR. APP (SJ) No.436 of 2026(3) dt.01-05-2026
                                             3/4




          submitted that similarly situated co-accused Ibran Alam and

          Irfan Alam had approached this Court seeking regular bail by

          filing Cr. Appeal (SJ) No.3093 of 2025 and the same was

          allowed by an order dated 21.08.2025 passed by a learned

          Coordinate Bench.

                       6. The learned Special P. P. as well as the learned

          counsel appearing on behalf of the informant does not dispute

          the said submission of the learned counsel appearing on behalf

          of the appellant but then submits that informant is father of the

          deceased as such it does not appear probable that he would

          implicate someone who was not associated with the killing of

          his son. It is also submitted that trial has commenced and two

          witnesses have been examined. It is also submitted that when

          Ibran Alam and Irfan Alam were granted the privilege of regular

          bail at that time the trial had not commenced.

                       7. At this stage, the learned counsel appearing on

          behalf of the appellant submits that appellant surrendered on

          15.10.2025.

                       8. After hearing the learned counsel for the parties

          and taking into consideration the fact that trial has commenced

          and witnesses are being examined as such the Court for the

          present is not inclined to release the appellant on bail.
               Patna High Court CR. APP (SJ) No.436 of 2026(3) dt.01-05-2026
                                                            4/4




                                      9. The prayer of the appellant for regular bail stands

                         rejected.



                                                    (Satyavrat Verma, J)
vikash/-

U          T


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