Created by Fuzzy Cloud

Patna High Court

Mohammad Nazir AlamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that, notwithstanding the alleged suppression of criminal antecedents, the petitioners are entitled to bail after framing of charges, subject to strict conditions and verification of antecedents.

Summary

The Patna High Court considered a second bail application filed by Mohammad Nazir Alam and Sakil Ahmad in connection with a murder case (Uchkagaon P.S. Case No.12 of 2025) under Sections 103, 3(5) of the B.N.S. and Section 27(3) of the Arms Act. The petitioners had previously been granted bail, which was later threatened with cancellation for allegedly suppressing their criminal antecedents, particularly alleged cases in Siwan district. The informant contended that the petitioners were regular offenders with undisclosed cases and posed a risk of influencing the trial. The court examined the veracity of the alleged antecedents, noting a police report that found no such cases in Siwan, and considered confessional statements of co‑accused and recovery of the weapon. Balancing these factors, the court held that the petitioners should not be denied bail, but imposed stringent conditions, including verification of antecedents by the trial court and regular reporting to the Superintendent of Police. The bail was ordered to be released after framing of charges, subject to the stipulated conditions.

Issues considered

  • Whether bail can be granted despite alleged suppression of the petitioners' criminal antecedents.
  • Whether the alleged criminal antecedents in Siwan district are substantiated.
  • Whether confessional statements of co‑accused and weapon recovery affect the bail decision.
  • Whether the trial court should be directed to verify antecedents and cancel bail if concealment is found.
  • Whether the conditions imposed are sufficient to safeguard the trial process.

Legislation cited

Subjects

  • bail
  • criminal antecedent
  • suppression of facts
  • murder
  • Arms Act
  • confessional statement
  • political rivalry
  • verification of antecedent
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17762 of 2026
                    Arising Out of PS. Case No.-12 Year-2025 Thana- UCHKAGAON District- Gopalganj
                 ======================================================
           1.     Mohammad Nazir Alam S/o- Late Abdul Rahman @ Abdur Rahman
                  Resident of village- Piprahi PS- Uchkagaon District-Gopalganj
           2.    Sakil Ahmad @ Sakil @ Jhunna Alam S/o- Mohammad Nazir Alam
                 Resident of village- Piprahi PS- Uchkagaon District-Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Y.V. Giri, Sr. Adv.
                                                 Mr.Purushottam Kumar, Adv.
                 For the informant        :      Mr. Harsh Singh, Adv.
                                                 Mr. Kamal Kishore, Adv.
                                                 Mr. Abhijeet, Adv.
                 For the Opposite Party/s :      Ms. Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

5   15-05-2026                    Heard Mr. Y. V. Giri, learned senior counsel assisted

                   by Mr. Purushottam Kumar, learned counsel for the petitioners,

                   Mr. Harsh Singh, learned counsel appearing on behalf of the

                   informant and learned A.P.P. for the State.

                                 2. This is the second regular bail application filed on

                   behalf of the petitioners. This Court had earlier granted bail to

                   the petitioners by order dated 23.06.2025 passed in Cr. Misc.

                   No. 27665/2025. One of the conditions imposed was that the

                   Court had to verify the criminal antecedent of the petitioners
Patna High Court CR. MISC. No.17762 of 2026(5) dt.15-05-2026
                                           2/10




          and had granted liberty to cancel the bail bonds if it was found

          that the petitioners had concealed the criminal antecedent then

          steps for cancellation would be taken. It has been stated that

          when the trial court came to know about some further

          antecedent which could not be disclosed earlier in the bail

          application, the Court proposed for cancellation of bail bonds. It

          has been submitted that thereafter, the petitioners approached

          this Court with a modification application being Cr. Misc. No.

          48123/2025, which was dismissed as not maintainable by this

          Court vide order dated 08.08.2025. It is stated that thereafter, the

          petitioners surrendered and are in custody since 13.02.2026 and

          therefore, the second bail application being preferred by the

          petitioners.

                       3. The petitioners seek bail in connection with

          Uchkagaon P.S. Case No. 12 of 2025 dated 10.01.2025

          registered for the offences punishable under Sections 103, 3(5)

          of the B.N.S. and Section 27(3) of the Arms Act.

                       4. As per the prosecution story, the informant Rajiv

          Kumar alleged that on 10.01.2025 while his elder brother

          Arvind Kumar Yadav was going to school on his motorcycle

          and he was right behind him along with one Prabhakar Kumar

          Yadav on his motorcycle, he witnessed that the named accused
Patna High Court CR. MISC. No.17762 of 2026(5) dt.15-05-2026
                                           3/10




          persons including the petitioners started indiscriminate firing

          upon his brother Arvind Kumar Yadav, which hit him on his

          chest and abdomen and he fell down. It is further alleged that on

          hearing the sounds of firing, the villagers came there and the

          said accused persons fled away on two motorcycles and

          thereafter, the brother of the informant was taken to the Sadar

          Hospital on Scorpio Car, where the Doctor declared him dead.

                       5. Mr. Y. V. Giri, learned senior counsel appearing on

          behalf of the petitioners submits that this Court had very

          elaborately dealt with the submissions made on behalf of the

          petitioners and had granted bail considering all the facts and

          therefore, he will not be repeating the entire arguments which

          was forwarded earlier however, he very fairly submits that it

          was due to inadvertence the entire criminal antecedent was not

          disclosed and there was no intention on the part of the

          petitioners to conceal the same. It has been submitted that the

          petitioners have been falsely implicated on account of political

          rivalry and during the course of investigation, one Abhishek

          Kumar Yadav was apprehended by the police and he has

          confessed that he along with other named persons had

          committed the murder of Arvind Kumar Yadav, the brother of

          the informant. Learned senior counsel submits that the said
Patna High Court CR. MISC. No.17762 of 2026(5) dt.15-05-2026
                                           4/10




          statement is an inculpatory statement and the weapon used in

          the said incident was also recovered in pursuance of such

          confessional statement and therefore, the same is admissible in

          law. Learned senior counsel has submitted that the allegation

          against the petitioners was that he was contacted by the said

          accused, Abhishek Kumar Yadav and they had conspired in

          killing the brother of the informant. Mr. Giri, learned senior

          counsel reiterates his earlier arguments that another co-accused,

          namely, Ranjeet Goswami, in his confessional statement, had

          stated the same facts as stated by the other accused, Abhishek

          Kumar Yadav and also the fact as to how the murder was

          committed and on his identification, the country made pistol and

          cartridges were recovered.

                       6. Mr. Y. V. Giri, learned senior counsel again

          referring to the various paragraphs of the case diary including

          para nos. 164, 200, 237 and 271 has submitted that the same

          was on to show that there was a dispute between the non F.I.R.

          named accused, Abhishek Kumar Yadav with regard to a land

          with the brother of the informant and hence, the said incident

          had occurred. It has been submitted that the petitioners were

          initially in custody since 10.01.2025 till 28.06.2025 and they are

          again in custody since 13.02.2026 till date, despite the fact that
Patna High Court CR. MISC. No.17762 of 2026(5) dt.15-05-2026
                                           5/10




          they were earlier granted bail however the same was cancelled

          on account of non disclosure of the entire criminal antecedents.

                       7. Mr. Harsh Singh, learned counsel appearing on

          behalf of the informant had opposed the prayer for bail of the

          petitioners earlier and through the counter affidavit filed in the

          present case, it has been submitted that the petitioners had

          deliberately suppressed the criminal antecedents and such fact

          was pointed out at the time of hearing of the earlier bail

          application, hence the said ground was incorporated in earlier

          order for verification of the criminal antecedents and the same

          ultimately proved to be correct. The learned counsel submits

          that the petitioners are regular offenders and their conduct

          would go on to show that despite the fact that the informant

          preferred the application seeking cancellation of the petitioners’

          bail on account of suppression of criminal antecedents as had

          been directed by this Hon’ble Court, the petitioners instead of

          surrendering, preferred a modification application before this

          Court wherein they had admitted that the criminal antecedents

          of both the petitioner no. 1 and the petitioner no. 2 was not

          disclosed earlier. The learned counsel next submits that despite

          there being a specific direction to the learned court below to

          cancel the bail bonds upon finding that the petitioners had
Patna High Court CR. MISC. No.17762 of 2026(5) dt.15-05-2026
                                           6/10




          suppressed the criminal antecedents, surprisingly the learned

          court below took no such steps to cancel the bail bonds even

          though the informant, who had contested the bail of the

          petitioners up to Supreme Court, had pressed the application

          dated 03.07.2025 for cancelling the bail bonds of the petitioners.

          It has further been submitted that Ranjeet Goswami who along

          with Abhishek           Kumar Yadav            had   confessed   to   their

          participation in the murder of the deceased, were granted bail by

          a Coordinate Benches of this Court and so has one of other co-

          accused, namely, Avinash Kumar. It has been submitted by the

          learned counsel for the informant that despite the informant’s

          application dated 03.07.2025 bringing on record the antecedent

          and for prayer of cancellation, the same was done after more

          than seven months on 31.01.2026 which goes on to show the

          influence of the petitioners.

                       8. Learned counsel for the informant though admits

          that as per his information, there was other cases at Siwan

          however, there is a report from the Superintendent of Police,

          Siwan, which was called for by this Court, wherein it has been

          reported that there is no criminal antecedents of the petitioners

          in the District of Siwan. At this juncture, learned senior counsel

          appearing on behalf of the petitioners submits that the informant
Patna High Court CR. MISC. No.17762 of 2026(5) dt.15-05-2026
                                           7/10




          may be imposed heavy cost for submitting that the petitioners

          carry criminal antecedents in the District of Siwan, which now

          has been proved to be incorrect in view of the report submitted

          by the Superintendent of Police, Siwan.

                       9. Learned counsel appearing on behalf of the

          informant submits that since the petitioners had earlier been

          granted bail so he won’t be submitting much on the merits of the

          case. However, it has been submitted that the petitioners being

          very powerful persons and carrying criminal antecedents of 9

          and 10 criminal cases respectively, they should not be released

          on bail because of the fact that they would infulence the trial

          and shall intimidate the prosecution witnesses.

                       10. Having heard the learned counsel for the parties

          and considering the submissions, this Court finds that as far as

          the criminal antecedent of the petitioners alleged to be in the

          District of Siwan is concerned, the same was found to be not

          correct and there is a report Superintendent of Police, Siwan,

          there is no criminal antecedent found in the various police

          station of the District of Siwan. As far as the case of the

          petitioners is concerned, this Court had very elaborately dealt

          with the evidence which has come during the course of

          investigation in its order dated 23.06.2025, passed in Cr. Misc.
Patna High Court CR. MISC. No.17762 of 2026(5) dt.15-05-2026
                                           8/10




          No. 27665 of 2025 and thereafter, had granted bail to the

          petitioners. Therefore, this Court considering the materials on

          record and especially taking into account that a few co-accused

          persons who had confessed their involvement in the present case

          and on their confession, the recoveries were also made, is of the

          opinion that the petitioners should not be denied the privilege of

          bail.

                       11. However, considering the circumstances and the

          criminal antecedents of the petitioners and also their past

          conduct of suppression of antecedents clubbed with the fact that

          despite their modification application being dismissed by order

          dated 08.08.2025, they surrendered in the month of 30.01.2026,

          this Court directs that the petitioners be released on bail and

          their bail bonds be accepted “only after the framing of

          charges”, on their furnishing it in the sum of Rs. 20,000/-

          (Twenty Thousand) each with two sureties of the like amount

          each to the satisfaction of learned Court below where the case is

          pending/successor court in connection with Uchkagaon P.S.

          Case No. 12 of 2025, and only on the conditions as under :-

                       (i) One of the bailors will be a close relative of the

          petitioners.

                       (ii) The petitioners will remain present on each and
Patna High Court CR. MISC. No.17762 of 2026(5) dt.15-05-2026
                                           9/10




          every date fixed, if so required by the learned Trial Court.

                       (iii) In case of absence on two consecutive dates or in

          violation of the terms of the bail, the bail bonds of the

          petitioners will be liable to be cancelled by the Court concerned.

                       (iv) The trial court shall verify the criminal antecedent

          of the petitioners and in case at any stage, it is found that the

          petitioners have concealed their criminal antecedents, the trial

          court shall take step for cancellation of bail bonds of the

          petitioners. However, the acceptance of bail bonds in terms of

          the above mentioned order shall not be delayed for purpose of

          the same on in the name of verification.

                       (v) In view of the antecedents of the petitioners, the

          petitioners are directed to appear before the Superintendent of

          Police, Gopalganj within fifteen (15) days of his release with a

          copy of this order and every two weeks thereafter for the next nine

          months. The conduct of the petitioners will be kept under watch in

          this period by the concerned Superintendent of Police and if it is

          found wanting in any respect, a report shall be made to the Court

          concerned by him to initiate a proceeding for cancellation of bail

          of the petitioner for reasons of misuse of bail. After reporting to

          the Superintendent of Police, a certificate will be filed by the

          petitioner before the Court concerned.

                       12. It is made clear that the observations, if any, made
           Patna High Court CR. MISC. No.17762 of 2026(5) dt.15-05-2026
                                                      10/10




                     in this order, shall be of no bearing during the trial.

                                  13. The application stands allowed with the aforesaid

                     directions.



                                              (Sourendra Pandey, J)
Gautam/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.