Patna High Court
Md. Niyaj @ Md. NiyazversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Md. Niyaj, was arrested in connection with a case involving the alleged firing on an informant’s vehicle, leading to charges under Sections 307 and 34 of the IPC and Section 27 of the Arms Act. He contended that he was not named in the FIR and was implicated only through a co‑accused’s confessional statement, asserting his innocence. The prosecution opposed bail, highlighting nine prior criminal cases against him, though three were pending, three he was on bail for, and three he had been acquitted of. The court noted that a similarly situated co‑accused had been granted bail by a coordinate bench and that the petitioner’s lack of naming in the FIR warranted relief. Consequently, the court granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence, while allowing verification of his criminal antecedents.
Issues considered
- Whether bail should be granted to an accused not named in the FIR but implicated through a co‑accused’s confession.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 34
Subjects
- bail
- attempt to murder
- common intention
- Arms Act
- criminal antecedents
- Indian Penal Code
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15305 of 2026
Arising Out of PS. Case No.-40 Year-2024 Thana- CHERIYA BARIYARPUR District-
Begusarai
======================================================
Md. Niyaj @ Md. Niyaz S/O Md. Naim @ Nayeem Resident Of Village- Tara
Bariyarpur West, Ward No. 1, P.s.- Khodawandpur, Dist.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Dhar Jha, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-03-2026 Heard Mr. Shashi Dhar Jha, learned counsel for the
petitioner and Mr. Mithlesh Kumar Khare, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail in connection with S.T. No. 55
of 2025 arising out of Cheria Bariyarpur P.S. Case No. 40 of
2024, F.I.R. dated 25.02.2024 for the offences punishable under
Sections 307 and 34 of the IPC and Section 27 of the Arms Act.
3. According to prosecution case, five accused persons
intercepted the informant and his son and started firing upon
their vehicle due to which the vehicle got uncontrolled and hit
the electric pole.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.15305 of 2026(2) dt.12-03-2026
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present case. He further submits that the petitioner is not named
in the F.I.R and his name has been transpired during
investigation on the basis of confessional statement of the co-
accused, namely, Nitesh Kumar and the said Nitesh Kumar has
been granted regular bail by a Co-ordinate Bench of this Court
vide order dated 14.02.2025 passed in Cr. Misc. No. 86315 of
2024. The petitioner has been remanded in the present case from
Cheriya Bariyarpur P.S. Case No. 79 of 2024 on 02.07.2024.
5 Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that the petitioner carries nine criminal antecedents other
than the present one but fairly submits that out of nine cases he
is on bail in three cases, in three cases he has been acquitted by
the learned trial court and rest three cases are pending for
consideration before the competent court of law.
6. Considering the aforesaid facts and circumstances
that the petitioner is not named in the F.I.R, similarly situated
co-accused person has been granted bail by a Co-ordinate Bench
of this Court as well as period of custody, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Additional Sessions Judge
Patna High Court CR. MISC. No.15305 of 2026(2) dt.12-03-2026
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Manjhaul, Begusarai in connection with S.T. No. 55 of 2025
arising out Cheria Bariyarpur P.S. Case No. 40 of 2024, subject
to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed 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. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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