Patna High Court
Gulamuddin @ Gulam Mohiddin @ Md. GulamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail was granted to the petitioners.
Summary
The petitioners applied for bail in a case registered under Sections 103(1), 3(5) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act, relating to the murder of a husband near Durgawati Gas Godown. The FIR did not name the petitioners; their names emerged only in the statement of the deceased’s nephew, an eye‑witness, and were further mentioned in the confessional statements of two co‑accused who alleged the petitioners were present at the scene. One of those co‑accused, Raj Bharti, had already been released on bail. The petitioners had been in custody since September 2025, and the State opposed bail. The court, noting the lack of direct naming in the FIR and the preliminary nature of the evidence, granted bail on the condition of a Rs.10,000 bond with two sureties, emphasizing that the order was prima facie and not a determination on the merits.
Issues considered
- Whether bail should be granted when the accused are not named in the FIR but are mentioned in an eye‑witness statement and co‑accused confessions
- Whether the evidence available at the bail stage justifies continued detention
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- FIR
- confession
- arms act
- narcotic act
- prima facie
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13206 of 2026
Arising out of PS. Case No.-115 Year-2025 Thana- JIRADEI District- Siwan
======================================================
Gulam Mahammadin @ Md. Ali @ Bachha Babu S/o Mohammad Mustafa
R/o Village- Repura, Jeradei, Ps- Jeradei, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 14341 of 2026
Arising out of PS. Case No.-115 Year-2025 Thana- JIRADEI District- Siwan
======================================================
Gulamuddin @ Gulam Mohiddin @ Md. Gulam S/o- Muhammad Mustafa
Village- Repura jeradei Ps-Jeradei District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 13206 of 2026)
For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 14341 of 2026)
For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
5 25-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners seek bail in Jeradei P.S. Case No.
115 of 2025 registered for an offence under Sections 103(1),
3(5) of BNS and Section 27 of the Arms Act.
3. The FIR was lodged by the informant with the
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allegation that the husband of the informant went outside,
thereafter, she received information that unknown criminals had
killed her husband near Durgawati Indian Gas Godown at
village Rapure.
4. Learned counsel for the petitioners submits that the
petitioners are not named in the FIR. The name of the
petitioners transpired in the statement of Shailendra Kharwar
who was the nephew of the deceased and he was along with
him. During investigation, two persons namely Raj Bharti and
Rohan Kumar were arrested and they both presented the story
that these two petitioners were associates and they were firing
and Raj Bharti and Rohan Kumar were sitting on one
motorcycle and these two petitioners were sitting on another
motorcycle. The deceased was shot by Rohan Kumar and Raj
Bharti was driving that motorcycle. The statement of Shailendra
Kharwar, the nephew of the deceased who was an eye witness
would also not go against such confession rather it supports the
mode and manner of occurrence. Raj Bharti who initially
confessed and attributed role of Rohan Kumar has been allowed
bail vide order dated 30.04.2026 passed in Cr. Misc. No. 14029
of 2026. Though the petitioners seem to be involved in the
conspiracy and were apparently present at the place of
Patna High Court CR. MISC. No.13206 of 2026(5) dt.25-05-2026
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occurrence but the confession which gains credence from the
statement of eye witness shows that the petitioners were not
assailants and the role in preparation of criminal conspiracy or
the preparation of crime can only be thrashed out at the time of
the trial. Moreover, the petitioners are in custody since
19.09.2025.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioners.
6. Considering that the petitioners are not named in the
FIR and the name of the petitioners transpired in the statement
of Shailendra Kharwar who was the nephew of the deceased and
the petitioners are in custody since 24.01.2026, this court is
inclined to grant bail to the petitioners.
7. Let the petitioners, above named, be
released on bail on furnishing bail bonds of Rs.
10,000/- (Ten thousand) each with two sureties of the
like amount each to the satisfaction of learned Judicial
Magistrate 1st Class/Concerned Court, Siwan, in
connection with Jeradei P.S. Case No. 115 of 2025.
8. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
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application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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