Patna High Court

Md. Kalam @ Mohammad Kalam HussainversusThe State of Bihar

Decided: 12 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Md. Kalam, was charged under sections 103(1) and 61(2) of the Bihar Negotiable Instruments Act and section 27 of the Arms Act for allegedly intercepting the husband of an informant, during which Katil Akhtar fired a weapon that caused the husband's death. The petitioner contended that he was not present on the bike from which the shot was fired and that the FIR primarily implicates Katil Akhtar, not him. The State opposed bail, highlighting the petitioner’s four prior criminal cases. After hearing both sides, the court examined the post‑mortem report and found no direct evidence linking the petitioner to the firing. Considering the lack of overt participation and the petitioner’s prolonged custody since 19‑10‑2025, the court ordered his release on regular bail with a bond and sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite being charged with offences under the Bihar Negotiable Instruments Act and the Arms Act and having prior criminal antecedents.

Legislation cited

Arms Act — s. 27
Bihar Negotiable Instruments Act — s. 103(1), 61(2)

Subjects

bail
regular bail
criminal antecedent
Arms Act
homicide
post‑mortem report
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13678 of 2026
                  Arising Out of PS. Case No.-708 Year-2025 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Md. Kalam @ Mohammad Kalam Hussain S/o Late Jamshed Miyan Resident
                 of village - Auraiya, P.S - Harsidhi, District - East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr. Kumar Veerendra Narayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 103(1) and

                   61(2) of BNS and Section 27 of the Arms Act.

                                3. The case of the prosecution is that while the

                   husband of the informant was returning from a party, the

                   petitioner along with other intercepted him on his way and one

                   Katil Akhtar fired at the husband of the informant due to which

                   he died.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that from perusal of the

                   FIR, it is clear that main thrust of allegation is against one Katil
Patna High Court CR. MISC. No.13678 of 2026(2) dt.12-03-2026
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          Akhtar who has fired upon the deceased. It has further been

          submitted that the petitioner was not even riding the same bike

          on which Katil Akhtar was there. It has also been submitted that

          from perusal of the postmortem report, it will transpire that the

          doctor conducting the autopsy of the person of the deceased has

          found following injuries :- (i) bleeding from nose and right ear

          (ii) bruise on right shoulder of size 3’ x 1’ (iii) one lacerated

          wound present on the right parietal area of skull of size ½’ ½’ x

          cavity deep with inverted margin (entry wound) (iv) swelling on

          left parietal area of skull. The cause of death is hemorrhage due

          to above mentioned injuries. There is no specific overt act of

          firing against this petitioner. Moreover, he is languishing in

          judicial custody since 19.10.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail and has

          submitted that the petitioner is having criminal antecedent of

          four cases.

                       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

          Harsidhi P.S. Case No. 708 of 2025 on furnishing bail bond of
            Patna High Court CR. MISC. No.13678 of 2026(2) dt.12-03-2026
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                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned Judicial Magistrate F.C., East

                      Champaran, Motihari.



                                            (Ashok Kumar Pandey, J)
shubham/-

U     T

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