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Patna High Court

Md. Suyeb @ Md. Soyeb @ Md. Suhev @ Md. Sohev @ SuhevversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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