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Patna High Court

Md. JavedversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Md. Javed, applied for bail in a case registered as Lalganj P.S. Case No. 21 of 2024, where he is accused of murder under Sections 302 and 34 of the Indian Penal Code and several provisions of the Arms Act. The prosecution alleges that four unidentified gunmen shot the deceased and that co‑accused persons named Javed in their self‑incriminating statements, corroborated by witnesses. The petitioner also has six prior criminal convictions. The court examined the seriousness of the offence, the evidentiary material linking the petitioner to the crime, and his antecedents, and concluded that these factors outweigh any presumption of innocence for bail. Consequently, the bail application was rejected. The order is limited to the bail matter and does not prejudice the petitioner’s position in the forthcoming trial.

Issues considered

  • Whether bail should be granted to an accused of murder and offences under the Arms Act given the seriousness of the charges and prior criminal record

Legislation cited

Subjects

  • bail
  • murder
  • IPC 302
  • Arms Act
  • criminal antecedents
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21294 of 2026
                       Arising Out of PS. Case No.-21 Year-2024 Thana- LALGANJ District- Vaishali
                 ======================================================
                 Md. Javed S/O Md. Firdaus Alam R/O Vill.- Chaksikandar,P.S- Bidupur, Dist-
                 Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Umesh Kumar Yadav
                 For the Opposite Party/s :       Mr.Sanjay Kumar Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   06-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in connection with

                   Lalganj P.S. Case No. 21 of 2024 registered for the offence

                   under Sections 302/34 of the Indian Penal Code and under

                   Section 25(1-b)a, 26, 27, 35 of the Arms Act.

                                   3.    As per the prosecution case, four unknown

                   criminals are said to have fired indiscriminately upon the

                   deceased and after being assured that he had died, they left the

                   place of occurrence.

                                   4. During investigation, the name of the petitioner

                   has been taken by co-accused Golu Kumar, Lalan Kumar and

                   Gaurav Kumar Tatya in their self inculpatory statement. The

                   witnesses have also said that the petitioner was one of the
          Patna High Court CR. MISC. No.21294 of 2026(2) dt.06-04-2026
                                                      2/2




                    participants of the alleged crime and there are eight wounds of

                    bullet entry on the body of the deceased. The petitioner has six

                    criminal antecedents also.

                                   5. In view of the aforesaid facts, this Court is not

                    inclined to grant bail to the petitioner.

                                  6. Accordingly, this application is dismissed.

                                  7. It is, however, clarified that the observations made

                    herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not express

                    any opinion on the merits of the case.



                                                                  (Sandeep Kumar, J)
Vikas/-

U


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