Patna High Court
Md. Suyeb @ Md. Soyeb @ Md. Suhev @ Md. Sohev @ SuhevversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court granted bail to the petitioner subject to strict conditions.
Summary
The petitioner, Md. Suyeb, was charged under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act for allegedly firing at an informant with intent to kill. The petitioner contended that the allegations were fabricated, that the informant sustained no injury, and that the case was false. The State opposed bail. After hearing both sides, the Court granted bail on the condition that the petitioner furnish a bail bond of Rs. 10,000 with two sureties, cooperate with the trial, ensure a blood‑relative as one bailor, and comply with reporting and conduct conditions. The bail may be cancelled if the petitioner fails to appear, tampers with evidence, or is implicated in similar offenses. The application for bail was allowed.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the alleged offenses under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the allegations against the petitioner are fabricated and thus warrant bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 3(5)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- attempted murder
- fabricated allegations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14649 of 2026
Arising Out of PS. Case No.-584 Year-2025 Thana- SAHARSA SADAR District- Saharsa
======================================================
Md. Suyeb @ Md. Soyeb @ Md. Suhev @ Md. Sohev @ Suhev, male, agede
about 45 years, son of Late Md. Abbas, resident of Lataha Chauk Nariyar,
Ward No.9, PS- Saharsa Sadar, Dist- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Advocate
For the Opposite Party/s : Ms. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Saharsa
Sadar PS Case No.584 of 2025 dated 20.05.2025, instituted for
the offence punishable under Sections 109, 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. The petitioner is alleged to have fired upon the
informant with intention to kill him when he was going in his
car but he escaped somehow.
4. Learned counsel for the petitioner submits that
allegation against the petitioner is completely forged and
fabricated. The informant did not sustain any injury. No
occurrence as alleged has ever taken place. Lastly, it is
Patna High Court CR. MISC. No.14649 of 2026(2) dt.12-03-2026
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submitted that the petitioner is in custody since 04.11.2025
having six criminal cases against him.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the CJM, Saharsa, in Saharsa Sadar
PS Case No.584 of 2025, subject to the conditions (i) that the
petitioner shall co-operate in the trial and shall be properly
represented on each and every date fixed by the Court and on
his absence on two consecutive dates without sufficient reason,
his bail bond shall be cancelled by the Court below, (ii) that one
of the bailors will be his own blood relation, preferably father,
mother, brother, sister and or his wife, (iii) that the bailor shall
also state on affidavit that he will inform the court concerned if
the petitioner is made accused in any other case of similar
nature after his release in the present case and thereafter the
court below will be at liberty to initiate the proceeding for
cancellation of bail on ground of misuse, (iv) that if the
petitioner tampers with the evidence or the witnesses, in that
case, the prosecution will be at liberty to move for cancellation
Patna High Court CR. MISC. No.14649 of 2026(2) dt.12-03-2026
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of bail, and (v) that the petitioner within two weeks from the
date of his release from custody shall appear before the SHO of
his local area along with a copy of this order and thereafter shall
appear before him every fortnightly to mark his attendance till
the conclusion of the trial.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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