Patna High Court
Md. Eklakh @ Md. AkhlakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court ordered the release of the petitioner on bail with a bond of Rs 10,000 and specified conditions.
Summary
The petitioner, Md. Eklakh, was arrested on 9 October 2025 in connection with a case involving alleged conspiracy to murder Rajiv Roy and firing on police, charged under IPC sections 414, 353, 307/34 and Arms Act sections 25(1‑b)A, 26, 27 and 35. The prosecution’s case relied mainly on a confessional statement of co‑accused Laxman Roy, with arms recovered from the co‑accused rather than the petitioner. The petitioner sought bail, contending that he was not apprehended at the scene and that the earlier anticipatory bail application had been rejected in 2017. The State opposed bail, highlighting the seriousness of the offences, the petitioner’s failure to surrender after the 2017 order, and the existence of three other pending cases. The Court, after considering the submissions, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding cooperation, presence in court, and non‑tampering with evidence. The order directed the lower court to verify the petitioner’s criminal antecedents but not to delay the bail on that ground.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the charges and prior rejection of anticipatory bail
- Whether the petitioner’s alleged involvement, based largely on a co‑accused’s confession, warrants continued detention
Legislation cited
- Arms Act — s. 25(1-b)A, 26, 27, 35
- Indian Penal Code — s. 307/34, 353, 414
Subjects
- bail
- anticipatory bail
- IPC
- Arms Act
- murder conspiracy
- criminal procedure
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11222 of 2026
Arising Out of PS. Case No.-135 Year-2015 Thana- UJIYARPUR District- Samastipur
======================================================
Md. Eklakh @ Md. Akhlak S/o- Late Md. Mobin @ Md Mobil R/o Vill-
Bishanpur, P.S- Samastipur, Muffasil, Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brajesh Kumar Singh, Advocate
For the Opposite Party/s : Mr.Binod Kumar No.3, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 02-04-2026 Heard Mr.Brajesh Kumar Singh, learned counsel for
the petitioner and Mr.Binod Kumar No.3, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
09.10.2025 in connection with S.Tr.No.49/2015 arising out of
Ujiarpur P.S. Case No. 135 of 2015, F.I.R. dated 08.08.2015
registered for the offence punishable under Sections
414,353,307/34 of IPC and Sections 25(1-b)A,26,27 and 35 of
Arms Act.
3. Allegation against the petitioner is that he
alongwith other co-accused gathered to commit murder of one
Rajiv Roy and when on the tip off police came to arrest them,
they started firing upon the police and public. One Ravi Gupta
has given contract to murder of Rajiv Roy.
Patna High Court CR. MISC. No.11222 of 2026(3) dt.02-04-2026
2/3
4. Learned counsel appearing for the petitioner
submits that the petitioner was not apprehended at the place of
occurrence. The name of the petitioner has been transpired
during investigation on the basis of the confessional statement
of co-accused person, namely, Laxman Roy and it appears from
the FIR itself that the arms has been recovered from possession
of co-accused person, namely, Laxman Roy and the police, after
investigation, submitted chargesheet against the petitioner and
the petitioner is in custody since 09.10.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner has
approached this Court for grant of anticipatory bail but the same
rejected vide order dated 24.04.2017 passed in Cr. Misc. No.
9168 of 2017 with liberty to surrender before the learned court
below but the petitioner has not chosen to surrender as yet, apart
from that, the petitioner carries three more cases other than the
present one but he fairly submits that the petitioner is on bail in
all the cases, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned District and Additional
Patna High Court CR. MISC. No.11222 of 2026(3) dt.02-04-2026
3/3
Sessions Judge, Dalsingsarai, Samastipur in connection with
S.Tr.No.49/2015 arising out of Ujiarpur P.S. Case No. 135 of
2015,with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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