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Patna High Court

Md. Ejaz @ Md. AjajversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                            2/3




          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
                                                       3/3




                     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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