Patna High Court
Gulam Ahmad Raza @ Ahmad Raza @ PulsarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to a cash bond and specified conditions.
Summary
The petitioner, Gulam Ahmad Raza, was charged under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act for allegedly participating in an attack on an informant and his son. The prosecution’s case relied on the testimony of a co‑accused who, in a confessional statement, named the petitioner, but no weapon or other material was recovered from him and no turn‑in‑possession (T.I.P.) was conducted. The petitioner argued that he was falsely implicated, that a similar co‑accused had been granted bail in a prior case (Cr. Misc. No. 59807 of 2024), and that he had been in custody since January 2024. The State opposed bail, citing the petitioner’s 17 prior criminal cases. After hearing both sides, the court decided to enlarge the petitioner on regular bail, imposing a cash bond of Rs.10,000 with two sureties and conditions of personal attendance in court and weekly police verification.
Issues considered
- Whether the petitioner is entitled to regular bail despite serious charges of attempt to murder and illegal possession of arms
- Whether the lack of material evidence and a prior similar bail order outweigh the petitioner’s extensive criminal antecedents
- Whether the confessional statement of a co‑accused is sufficient to justify continued detention
Legislation cited
- Arms Act, 1959 — s. 27
- Indian Penal Code — s. 307, 34
Subjects
- bail
- attempt to murder
- Arms Act
- criminal antecedent
- confessional statement
- turn in possession
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15999 of 2026
Arising Out of PS. Case No.-6 Year-2023 Thana- GORAUL District- Vaishali
======================================================
Gulam Ahmad Raza @ Ahmad Raza @ Pulsar, S/o Inamul Haq, Resident of
Village - Chinimil Chowk, P.S - Town, District - Samastipur, Permanent, R/o
Village - Nurullahpur, P.S - Khodawandpur, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shanti Bhushan Singh, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 20-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 307/34 of
the I.P.C. and Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that when
the informant was returning home with his son on a bike after
closing his shop, three persons on a bike stopped his bike and
started firing indiscriminately. It is further alleged that three
bullets hit his son near his arm, chest and thigh and one bullet
hit the informant in his left thigh causing injury.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.15999 of 2026(3) dt.20-04-2026
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committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner has submitted that the
F.I.R. was lodged against unknown miscreants. During course of
investigation, co-accused Sudhanshu Kumar @ Vikki has given
his confessional statement and the name of this petitioner has
surfaced in his confessional statement. Nothing has been
recovered from the possession of the petitioner. No T.I.P. was
conducted. It has further been submitted that similarly situated
co-accused has been granted bail by learned Co-ordinate Bench
of this Court vide Cr. Misc. No. 59807 of 2024. The case of this
petitioner stands on similar footing. Moreover, he is languishing
in judicial custody since 24.01.2024.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of 17 cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned C.J.M.,
Vaishali at Hajipur in connection with Goraul P.S. Case No. 06
Patna High Court CR. MISC. No.15999 of 2026(3) dt.20-04-2026
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of 2023 with the following conditions:-
(i) The petitioner shall cooperate in the trial and
shall remain physically present on each and every date in
the learned trial Court.
(ii) One of the bailors shall be near relative of the
petitioner.
(iii) He shall also mark his attendance weekly at
Samastipur Town P.S.
(Ashok Kumar Pandey, J)
lata/-
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