Patna High Court
Md. Ejaz @ Md. AjajversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Md. Ejaz, was arrested in connection with a violent incident in which an informant was assaulted and the informant's wife was shot dead. The prosecution alleged that the petitioner possessed a magazine for a country-made pistol recovered from a co-accused, Md. Chhote Ansari, and charged him under multiple sections of the B.N.S., 2023 and the Arms Act. The petitioner claimed innocence, asserting that a confessional statement of the co-accused identified another person, Mukesh, as the shooter and that nothing was recovered from his possession. The State opposed bail, citing two prior criminal cases against the petitioner. After hearing both sides, the court considered the lack of direct evidence against the petitioner and the co-accused’s statement, and decided to grant bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite being charged with multiple serious offences under the B.N.S., 2023 and the Arms Act
- Whether the prior criminal antecedent of the petitioner precludes the grant of bail
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- B.N.S., 2023 — s. 103, 109, 115(2), 126(2), 317, 329, 331(5), 3(5), 352(2-5)
Subjects
- bail
- criminal procedure
- Arms Act
- B.N.S. 2023
- serious offences
- prior criminal antecedent
- confessional statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17046 of 2026
Arising Out of PS. Case No.-15 Year-2025 Thana- KATRA District- Muzaffarpur
======================================================
Md. Ejaz @ Md. Ajaj S/o Md. Ataur Rahman @ Late Ataur Rahman Resident
of village - Kethariya, P.S.- Durmra, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Zaki Haider, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Katra P.S. Case No. 15 of 2025 registered for the offence
punishable under Sections 126(2), 115(2), 109, 329, 331(5),
317, 103, 352 (2-5) and 3(5) of the B.N.S., 2023 and Sections
25(1-B)(a), 26/35 of the Arms Act.
3. The case of the prosecution, in short, is that as the
informant came out of his room, he found some persons were
there and they ordered him to keep quiet. The informant started
raising alarm. One of the miscreants assaulted him on the head
with a weapon, due to which he got nervous and sat there. On
the alarm of the informant, his wife arrived and started raising
alarm and one of the miscreants fired at her chest, due to which
Patna High Court CR. MISC. No.17046 of 2026(2) dt.17-03-2026
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she died. It is further alleged that two persons were
apprehended; one is Md. Chhote Ansari and the second is the
petitioner. From the possession of Md. Chhote Ansari, one
country-made pistol with three live cartridges was recovered,
and from this petitioner, a magazine was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that during the course of investigation,
Md. Chhote Ansari has given his confessional statement and he
has stated that the fire was opened by Mukesh. He also submits
that nothing has been recovered from the possession of this
petitioner and even from the confessional statement of the co-
accused, it transpires that Mukesh has opened fire. Moreover,
the petitioner is languishing in judicial custody since
30.01.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of two 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
Patna High Court CR. MISC. No.17046 of 2026(2) dt.17-03-2026
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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 District
& Additional Sessions Judge, 20th Muzaffarpur in connection
with Katra P.S. Case No. 15 of 2025, Sessions Trial No. 460 of
2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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