Patna High Court
Seraj Siddiqui @ PaliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
Checking your session…