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Patna High Court

Md. Iftakhar @ IstakharversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court rejected the petitioner's application for anticipatory bail.

Summary

The petitioner, Md. Iftakhar, sought anticipatory bail after an FIR was lodged alleging his involvement in a shooting incident under Sections 126(2), 109, 61(2) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The informant claimed that Iftakhar drew a firearm at a market on 27‑12‑2025, attempted to fire, and that another accused, Chotu, seized the gun and shot the informant in the neck. Iftakhar contended he was falsely implicated, had a clean record, and that the informant’s statement was delayed and possibly motivated by a prior land dispute. The informant’s counsel argued that Iftakhar’s presence enabled Chotu to commit the shooting and that the factual allegations against Iftakhar were not disputed. After hearing both sides, the Court declined to grant anticipatory bail, finding the allegations sufficient to deny the relief. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in view of the allegations under the Bihar Narcotic Substances Act and the Arms Act
  • Whether the delay in the informant’s statement and alleged motive of a land dispute affect the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • firearms offence
  • arms act
  • narcotic substances act
  • false implication
  • land dispute motive
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17151 of 2026
                          Arising Out of PS. Case No.-2 Year-2026 Thana- ARARIA District- Araria
                 ======================================================
                 Md. Iftakhar @ Istakhar Son of Mr. Sabir @ Shabeer R/O Village- Surjapur,
                 P.S.- Bairgachhi, District- Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajay Kumar Thakur, Adv.
                                                   Mrs. Sushmita Mishra, Adv.
                                                   Mr. Purushottam Kumar, Adv.
                 For the Opposite Party/s :        Mr. Pramod Kumar Pandey, Adv.
                 For the Informant        :        Mr. Rabindra Kumar Priyadarshi, Adv.
                                                   Mr. Dheeraj Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-04-2026                   1. Heard learned counsel for the petitioner Mr. Ajay

                   Kumar Thakur, learned A.P.P. for the State and the learned

                   counsel appearing on behalf of the informant.

                                 2. The petitioner apprehends his arrest in connection

                   with Araria P.S. Case No.02 of 2026, registered for the offences

                   punishable under Sections 126(2), 109, 61(2) of the B.N.S.,

                   2023 and Section 27 of the Arms Act.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that on 27.12.2025 at 6 P.M. Md. Tahmim called him at

                   Hariyali market, accordingly, the informant went to the market,

                   where from before, named accused persons including the
Patna High Court CR. MISC. No.17151 of 2026(2) dt.16-04-2026
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          petitioner were present, further petitioner took out arm and tried

          to fire at the informant but the informant started fleeing,

          thereafter Chotu took the arm and fired at the informant causing

          injury on neck.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that

          informant alleges that initially petitioner tried to fire at him but

          Chotu took the arms and fired at the informant causing injury on

          neck. It is further submitted that the said allegation that

          petitioner tried firing at the informant is an exaggerated

          allegation. It is also submitted that specific allegation of firing is

          against Chotu. It is next submitted that the date of occurrence is

          27.12.2025 and the fardbeyan of the informant was recorded by

          the police in the hospital at Darjeeling on 01.01.2026 i.e. after

          more than five days of the occurrence. It is further submitted

          that it does not appear probable that in between 27.12.2025 till

          01.01.2026, the informant would have been treated in hospital in

          Bihar but then no doctor would have informed the police about

          the occurrence. It is thus submitted that it might be a possibility

          that the occurrence took place in some other manner and the
Patna High Court CR. MISC. No.17151 of 2026(2) dt.16-04-2026
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          petitioner came to be implicated in the instant case by the

          informant on account of previous land dispute, as disclosed by

          the brother of the informant, during the course of investigation,

          recorded at Para-4 of the case diary.

                       5. Learned counsel appearing on behalf of the

          informant opposes the prayer for anticipatory bail of the

          petitioner and submits that what is not in dispute rather stands

          admitted is that informant received gunshot in the neck and

          specific allegation is against Chotu but then the informant also

          alleges that it was this petitioner who was carrying gun from

          whom Chotu took and committed the occurrence of firing. It is

          also submitted that since informant was shot in the neck, a vital

          part of the body, as such, he initially went to District Hospital,

          Araria from where he was referred to Purnea and subsequently

          he got himself treated at a Multi-specialty Private Hospital at

          Darjeeling, where his fardbeyan was recorded. It is further

          submitted that if the doctors at Araria and Purnea did not inform

          the police that a person with firearm injury has come for

          treatment, the informant cannot be faulted for the same. It is

          fairly submitted that though petitioner is not alleged to have

          fired causing firearm injury but then his presence at the place of

          occurrence emboldened Chotu to commit the occurrence of
             Patna High Court CR. MISC. No.17151 of 2026(2) dt.16-04-2026
                                                         4/4




                       firing after taking the gun from the petitioner. Learned APP

                       submits that investigation in the case is still continuing.

                                    6. After hearing the learned counsel for the parties,

                       the Court is not inclined to extend the privilege of anticipatory

                       bail to the petitioner.

                                    7. The anticipatory bail application of the petitioner is

                       rejected.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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