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Patna High Court

Seraj Siddiqui @ PaliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners subject to bond and attendance conditions.

Summary

The petitioners Seraj Siddiqui, Tauqir Khan and Mehandi Hassan were arrested in connection with a shooting incident in a court campus and charged under Sections 111, 109, 61(2), 3(5) of the BNS, 2023 and Sections 25(1‑b)a, 26, 35 and 27 of the Arms Act. They had been in custody since 16‑08‑2024. The petitioners contended that they were falsely implicated, arguing that the victim, Photo Khan, was identified only after a four‑month delay, which raised doubts about their involvement. The State and the informant opposed the bail application. The Court, after hearing both sides, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions of regular police‑station attendance and cooperation with the trial. The order was limited to the bail application and did not prejudice the merits of the case.

Issues considered

  • Whether the petitioners are entitled to bail despite the seriousness of the offences under the BNS, 2023 and the Arms Act.
  • Whether the four‑month delay in naming the petitioners creates reasonable doubt sufficient to justify bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • BNS 2023
  • delay in investigation
  • surety
  • attendance condition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16320 of 2026
                          Arising Out of PS. Case No.-233 Year-2024 Thana- AMAS District- Gaya
                 ======================================================
           1.     Seraj Siddiqui @ Pali S/O Akhtar Khan @ Akhtar Ali R/O Mohalla-
                  Shivpuri Colony, P.S- Buxar Industrial, Distt.- Buxar.
           2.    Tauqir Khan @ Idani @ Idani Khan @ Ani S/O Bhola Khan @ Nasir Khan
                 R/O Mohalla- Shivpuri Colony, P.S- Buxar Industrial, Distt.- Buxar.
           3.    Mehandi Hassan @ Antim Ansari S/O Sadruddin Ansari R/O Village-
                 Sikraul, P.S- Sikraul, Distt.- Buxar.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sheikh Arkan Ahmad
                 For the Opposite Party/s :       Mr.Gulnar Begum
                 For the Informant        :       Mr. Apurv Harsh
                                                  Mr. Raghu Raj Pratap
                                                  Ms. Jaya Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   24-04-2026                     Heard the parties including the learned counsel for

                   the informant.

                                   2. The petitioners seek bail in connection with

                   Amas P.S. Case No. 233 of 2024 registered for the offence

                   under Sections 111, 109, 61(2), 3(5) of the BNS, 2023 and under

                   Sections 25(1-b)a, 26, 35, 27 of the Arms Act.

                                   3. As per the prosecution case, one Photo Khan,

                   who is having 20 criminal antecedents, has been shot by the

                   accused persons in Court campus.

                                   4. The petitioners are in custody since 16.08.2024.
Patna High Court CR. MISC. No.16320 of 2026(2) dt.24-04-2026
                                            2/3




                          5. It has been submitted by the learned counsel for

          the petitioners that the petitioners are innocent and have falsely

          been implicated in this case. He further submits that Photo Khan

          has taken the name of the petitioners who has been examined

          for the first time by the police after four months of the alleged

          occurrence. He next submits that naming of the petitioners after

          four months creates doubt in the involvement of the petitioners

          in the crime.

                          6. Learned counsel for the State and the Informant

          have opposed the application of the petitioner.

                          7. I have heard and considered the submission of

          the parties.

                          8. Considering the aforesaid facts, this application

          is allowed.

                          9. Let the petitioners, 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 concerned Court below in connection with Amas

          P.S. Case No. 233 of 2024.

                          10. As a condition of this order, the petitioner after

          being released on bail, the petitioner nos. 1 and 2 are directed to

          mark their attendance at Buxar Industrial Police Station on first
          Patna High Court CR. MISC. No.16320 of 2026(2) dt.24-04-2026
                                                      3/3




                    and third Sunday of each month. Similarly, the petitioner no. 3

                    is directed to mark his attendance at Sikraul Police Station on

                    first and third Sunday of each month. Any default in appearance

                    at the police station will result in cancellation of bail bonds of

                    the petitioner.

                                    11. As a condition of this order, the petitioners,

                    after being released on bail, are directed to co-operate in the trial

                    either by appearing personally or through their lawyer in the

                    trial Court on each and every date fixed by the trial Court. Non-

                    compliance of the condition will result in cancellation of the bail

                    bonds of the petitioners.

                                    12. It is, however, clarified that the observations

                    made herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioners at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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