Patna High Court
Md. JavedversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 25(1-b)(a), 26, 27, 35
- Indian Penal Code — s. 302, 34
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
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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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