Patna High Court
Shamshad Ahmad @ Shamshad AliversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was denied as the petition was a second application after a prior rejection and the petitioner has serious criminal antecedents.
Summary
The petitioner, Shamshad Ahmad, filed a second anticipatory bail application fearing arrest in a case registered under Sections 126(2), 115(2), 109, 351(2) of the B.N.S. 2023 and Section 27 of the Arms Act. The prosecution alleges that on 10 August 2024 the petitioner, armed with a licensed pistol, fired at an informant with intent to kill and subsequently assaulted the informant and his rescuer. The petitioner’s counsel argued that the Arms Act charge was false and that the second application was a fresh attempt after the first bail request was rejected. The court noted that the petitioner has six serious criminal antecedents and that the allegations of attempted murder are specific and grave. Relying on the earlier detailed order and the principle that a second anticipatory bail petition cannot be entertained after a prior rejection, the court declined to grant bail. Consequently, the anticipatory bail application was dismissed.
Issues considered
- Whether a second anticipatory bail application can be entertained after a prior application has been rejected on merit
- Whether the petitioner’s criminal antecedents and the seriousness of the alleged offence justify denial of anticipatory bail
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 109, 115(2), 126(2), 351(2)
Subjects
- anticipatory bail
- criminal antecedents
- Arms Act
- repeat bail application
- serious offence
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14760 of 2026
Arising Out of PS. Case No.-413 Year-2024 Thana- SIWAN CITY District- Siwan
======================================================
Shamshad Ahmad @ Shamshad Ali S/O Manzoor Alam Resident of Villge-
Naya Kila Nawalpur, P.S.-Siwan Town, District-Siwan.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajendra Narain, Sr. Adv.
Mr.Md Irshad
For the Opposite Party/s : Mr.Ram Naresh Ray
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 01-05-2026 1. Heard the parties.
2. This is second anticipatory bail application on
behalf of the petitioner who apprehends his arrest in connection
with Town P.S. Case No. 413 of 2024 dated 11.08.2024
registered under Section 126(2), 115(2), 109, 351(2) of the
B.N.S. 2023 and Section 27 of the Arms Act.
3. As per the prosecution case on 10.08.2024 at about
05:00 O’clock the informant was feeding the cow at his door in
the meanwhile petitioner along with licensee pistol in his hand
came at the informant’s door and fired upon the informant with
intention to kill him but the bullet did not hit the informant.
Thereafter, petitioner assaulted the informant on his head by
means of butt of the pistol. It is further alleged that when
Patna High Court CR. MISC. No.14760 of 2026(3) dt.01-05-2026
2/2
Sanjeet Yadav came for rescue of the informant, both the sons of
the petitioner assaulted him. Thereafter, accused persons
threatened the informant and fled away.
4. Mr. Rajendra Narain, learned senior counsel
appearing for the petitioner submits that the case of Arms Act
against the petitioner has been found false by the police
therefore this is a subsequent event. Accordingly, second
anticipatory bail application has been filed.
5. This court had passed a detailed order after hearing
first anticipatory bail application on merit and considering the
ground that the petitioner is having six criminal antecedents of
serious nature of offence and there is specific allegation against
the petitioner of firing upon the informant with an intention to
kill has rejected the bail application. By way of filing second
anticipatory bail application, learned senior counsel tried to re-
argue the matter. Accordingly, I am not inclined to grant
anticipatory bail to the petitioner on a petition filed for the
second time. The same is rejected.
(Anil Kumar Sinha, J)
praful/-
U T
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