Patna High Court
Nesar Ahmad @ Md. Nesar AhmadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Nesar Ahmad, was arrested in connection with a firing incident arising from a land dispute, for which he was charged under several sections of the B.N.S. and the Arms Act. The prosecution alleged that the petitioner and others were involved in the incident, which resulted in injuries to two persons and the recovery of empty and live cartridges. The petitioner contended that he was falsely implicated, had no incriminating material in his possession, and that the case involved a case‑and‑counter‑case with no firearm injuries to the accused. The State opposed bail, but the court noted the existence of a land dispute, the lack of direct evidence against the petitioner, and the period he had already spent in custody. Accordingly, the court granted regular bail on a bond of Rs.10,000 with two sureties, directing compliance with the concerned court’s conditions.
Issues considered
- Whether regular bail can be granted to the petitioner charged under Sections 126(2), 109, 111, 192, 3(5) of the B.N.S. and Sections 27, 25(1‑b)a, 26 of the Arms Act.
- Whether the existence of a land dispute, lack of firearm injury to the accused, and the petitioner’s period of custody justify bail.
Legislation cited
Subjects
- regular bail
- Arms Act
- B.N.S.
- land dispute
- case and counter case
- criminal antecedents
- firearms
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12861 of 2026
Arising Out of PS. Case No.-348 Year-2025 Thana- BUNIYAD GANJ District- Gaya
======================================================
Nesar Ahmad @ Md. Nesar Ahmad Son of Late Barkat Ali, Resident of
Mohalla- Jora Masjid, Head Manpur, P.S.- Buniyadganj, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate
Ms. Anjali Kumari, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in a case registered
under Sections 126(2), 109, 111, 192, 3(5) of the B.N.S. and
Section 27 of the Arms Act. Later on Sections 25(1-b)a and 26
of the Arms Act were added.
3. As per prosecution case, the informant, who is
Circle Officer, Manpur (Gaya) received information that firing
was done between two groups on account of land dispute in
which two persons sustained injuries. After reaching there, he
came to know that petitioner and other accused persons were
involved in the alleged incident. In the said occurrence, the
persons, who sustained injuries, were sent to the hospital for
Patna High Court CR. MISC. No.12861 of 2026(2) dt.26-02-2026
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better treatment. The police recovered eight empty cartridges
and five live cartridges from the place of occurrence.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case only due to the reason that petitioner got four criminal
antecedents. No specific allegation is attributed to the petitioner
rather it is general and omnibus. None has sustained any firearm
injury. There is case and counter case between both parties. It is
further submitted that there is a land dispute between both sides
which is pending before the Hon’ble Court. Nothing
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner is in jail since 16.12.2025
and he undertakes to cooperate in the trial.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
6. Considering the facts and circumstances of the
case, submissions of the parties and the facts that there is case
and counter case between the parties, none has sustained firearm
injury, there is a land dispute between them and the period of
custody undergone by him, let the above named petitioner be
released on bail on furnishing bail bond of Rs.10,000/- (rupees
ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.12861 of 2026(2) dt.26-02-2026
3/3
satisfaction of learned A.C.J.M. -III, Gaya/concerned court in
connection with Buniyadganj P.S. Case No.348 of 2025.
(Sunil Dutta Mishra, J)
Harish/-
U T
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