Patna High Court
Shahbaz Ahmad @ Shahbaz Ansari @ Danish Ansari @ SahbazversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail could not be granted to the petitioner.
Summary
The petitioner, Shahbaz Ahmad, was arrested in connection with a robbery‑shooting at a petrol pump on 19 September 2025, during which the victim was injured by gunfire. He is charged under Sections 308(4), 109 and 3(5) of the BNS and Section 27 of the Arms Act. The petitioner applied for regular bail, claiming that he has been in custody since 13 November 2025. The court examined the seriousness of the offences, the presence of material linking the petitioner to the crime, and the potential risk to public order. Considering the gravity of the charges and the evidence, the court declined to grant regular bail and dismissed the application.
Issues considered
- Whether regular bail should be granted to the petitioner given the seriousness of the offences under the BNS and the Arms Act.
- Whether the material collected by the investigation sufficiently connects the petitioner to the crime to justify denial of bail.
Legislation cited
Subjects
- regular bail
- serious offence
- Arms Act
- BNS
- criminal procedure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19855 of 2026
Arising Out of PS. Case No.-363 Year-2025 Thana- HUSSAINGANJ District- Siwan
======================================================
Shahbaz Ahmad @ Shahbaz Ansari @ Danish Ansari @ Sahbaz son of
Rahmatullah Ahamd @ Md. Rahmatullah Ansri Resident of Village -Purab
Tola Bindusar Buzurg P.S.- Mahadeva, Dist- siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Pandey
For the Opposite Party/s : Mr. Nitya Nand Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 31-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Hussainganj P.S. Case No. 363 of 2025 registered for the
offence under Sections 308(4), 109 and 3(5) of the BNS and
Section 27 of the Arms Act.
3. As per the prosecution case, on 19.09.2025 at about
06:00 P.M., two unknown persons went to the petrol pump
where the informant was employed as a nozzle man. The said
persons requested for petrol worth Rs. 550/-, which was duly
filled by the informant. Thereafter, when the informant
demanded payment, the said persons refused to make the
payment and, in the course thereof, fired at the informant by
Patna High Court CR. MISC. No.19855 of 2026(2) dt.31-03-2026
2/2
means of a pistol. As a result of the said firing, the informant
sustained an injury on the elbow of his right hand.
4. Petitioner is in custody since 13.11.2025. The
allegations against the petitioner are serious and grave in nature.
Sufficient materials have come during the investigation to
connect the petitioner with the crime.
5. Considering the nature and the gravity of the
offence, this Court is not inclined to grant regular bail to the
petitioner.
6. Accordingly, this application for regular bail stands
rejected.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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