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Patna High Court

Aftab MallicversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner, subject to a bond and verification of his criminal antecedent.

Summary

The petitioner, Aftab Mallic, sought regular bail in a case registered under Sections 103(1) & 61(2) of the B.N.S. and Section 27 of the Arms Act for allegedly participating in the murder of the informant’s husband. The prosecution alleged that the petitioner, along with four others, opened fire on the victim, who later died, and that the petitioner was part of a land‑mafia gang. The petitioner’s counsel argued that the FIR and the eye‑witness statement of Intekhaab Alam, as well as a confessional statement of a co‑accused, did not directly implicate him, and highlighted that a similarly situated co‑accused had been granted bail. The State opposed bail, citing the petitioner’s alleged criminal antecedent of four prior cases. After considering the evidence and the petitioner’s custody since November 2025, the court granted bail on a bond of Rs.10,000 with two sureties, subject to verification of his criminal antecedent and possible cancellation if more than four cases are found.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the offences under the B.N.S. and the Arms Act
  • Whether the petitioner’s alleged criminal antecedent justifies denial of bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • murder
  • land mafia
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20131 of 2026
                   Arising Out of PS. Case No.-779 Year-2025 Thana- PHULWARISHARIF District- Patna
                 ======================================================
                 Aftab Mallic, S/o Mahatab Alam @ Md. Mahtab, R/o Village- Karbala, PS-
                 Phulwari Sharif, District- Patna
                                                                        ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Shreekant Vaidya, Advocate
                 For the State           :       Mr. Sunil Kumar Pandey, APP
                 For the Informant       :       Mr. Jagjit Roshan, Advocate
                                                 Mr. Anjani Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   07-04-2026                   Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 103(1) &

                   61(2) of B.N.S. and Section 27 of the Arms Act.

                                 3. The case of the prosecution, in short, is that the

                   informant (wife of the deceased) was going along with her

                   husband Sayyad Anwar Alam and nephew Intekhaab Alam on

                   bike towards her farm from Haroon Nagar colony to Nohsha. It

                   is further alleged that the petitioner along with other four

                   persons started firing at informant’s husband and he died due to

                   bullet injuries. All the assailants fled away. The informant

                   alleged that her husband has been killed at the behest of other

                   named ten accused persons. All these persons are working in the
Patna High Court CR. MISC. No.20131 of 2026(2) dt.07-04-2026
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          gang of land mafia Naushad Mallick.


                       4. Learned counsel for the petitioner has submitted

          that from perusal of the FIR it is clear that the informant and

          Intekhaab Alam were the eye-witness of this case. Intekhaab

          Alam has given his statement under Section 180 of B.N.S.S. in

          paragraph ‘87’ of the case diary wherein he has stated that he

          was going to see the fields. Shahrukh and Md. Afsar pointed

          gun at his uncle. When the uncle of Intekhaab, i.e. deceased

          objected, Md. Afsar shot at him and it is further alleged that

          Afsar again fired at the deceased. Intekhaab has seen other

          persons in a four wheeler. So from the statement of eye-witness

          Intekhaab it is clear that the deceased has received two firearm

          injuries. During course of investigation, Md. Afsar has also

          given his confessional statement and has stated that this

          petitioner and others have told him to kill the deceased and in

          return he will be given Five Lakh rupees and one kattha of land.

          Save and except the confessional statement of the co-accused

          persons, there is nothing against the petitioner. Moreover, the

          main thrust of allegation is against Md. Afsar who has fired at

          the deceased. Learned counsel for the petitioner has submitted

          that similarly situated co-accused Akhtar Ali has been granted

          bail by this Court vide Cr. Misc. No. 87752 of 2025. Moreover ,
             Patna High Court CR. MISC. No.20131 of 2026(2) dt.07-04-2026
                                                         3/3




                       the petitioner is languishing in judicial custody since

                       09.11.2025.


                                    5. Learned Additional Public Prosecutor for the State

                       and learned counsel for the informant have vehemently opposed

                       the bail and have submitted that the petitioner is having criminal

                       antecedent of four 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

                       petitioner is directed to be released on bail in connection with

                       Phulwari Sharif P.S. Case No. 779 of 2025 on furnishing bail

                       bond of Rs.10,000/- (ten thousand) with two sureties of the like

                       amount each to the satisfaction of learned court of A.C.J.M.-IV,

                       Patna with the condition that while accepting the bail bonds

                       of the petitioner, the learned trial Court is directed to verify

                       the criminal antecedent of the petitioner and if it is found that

                       the petitioner is having criminal antecedent of more than four

                       cases, the privilege of bail shall stand cancelled.



                                                      (Ashok Kumar Pandey, J)

lata/-
U        T


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