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Patna High Court

Md. Wakil @ Md. Wakil Ahamad @ Md. Vakil @ Md. Vakil Ahmad @ Wakil Miyan@Dukhu@Dukhu MiyanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail cannot be granted to the petitioner under the circumstances; the application is rejected.

Summary

The petitioner, Md. Wakil, was charged under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act for a 2011 murder. He was declared an absconder in 2016 and has been in custody since January 2024. In his second bail application, the petitioner argued that only one injury caused the death and that several witnesses had turned hostile or altered their statements. The State opposed bail, citing the petitioner’s long period as an absconder and a Supreme Court decision (X vs. State of Rajasthan, 2024) that bars bail at this stage. The Patna High Court, applying the Supreme Court precedent and considering the petitioner’s abscondence, rejected the bail application and ordered the police to ensure witness attendance for the trial.

Issues considered

  • Whether bail can be granted to an accused who has been an absconder for 13 years and whose trial is in progress.
  • Whether the hostility of witnesses and limited evidence justify granting bail.
  • Whether the Supreme Court judgment in X vs. State of Rajasthan & Anr (2024) is applicable to deny bail.

Legislation cited

Subjects

  • bail
  • absconder
  • murder
  • IPC 302
  • Arms Act 27
  • witness hostility
  • trial delay
  • Supreme Court precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22026 of 2026
                    Arising Out of PS. Case No.-1 Year-2011 Thana- NIMCHAKBATHANI District- Gaya
                 ======================================================
                 Md. Wakil @ Md. Wakil Ahamad @ Md. Vakil @ Md. Vakil Ahmad @ Wakil
                 Miyan@Dukhu@Dukhu Miyan S/o Late Md. Alidaz Miyan @ Md. Alidar
                 R/o Village- Manjhouli, PS- Nimchak Bathani, Distt- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Y.V. Giri, Sr. Advocate
                                                 Mr. Kunwar Narayan Jamuar, Advocate
                 For the Opposite Party/s :      Mr.Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   08-04-2026                   Heard the learned Senior Counsel for the petitioner

                   and the learned APP for the State.

                                 2. This is the 2nd attempt of the petitioner seeking bail

                   in connection with Nimchak Bathani P.S. Case No. 01 of 2011

                   registered for the offence under Sections 302/34 of the Indian

                   Penal Code and Section 27 of the Arms Act.

                                 3. Earlier the bail application of the petitioner was

                   rejected on 08.05.2025 in Cr. Misc. No. 8238 of 2025.

                                 4. As per F.I.R., the occurrence had taken place on

                   02.01.2011. The specific allegation against the petitioner and

                   co-accused, Md. Imran is that he fired at Md. Pyaru who died

                   during course of treatment.

                                 5. The case was registered in 2011. The petitioner was
Patna High Court CR. MISC. No.22026 of 2026(2) dt.08-04-2026
                                            2/3




          charge-sheeted but chose not to appear and was therefore

          declared an absconder in 2016. The petitioner is now in custody

          since 24.01.2024 and is facing trial.

                       6. The learned Senior Counsel for the petitioner, Mr.

          Y.V. Giri submits that in the trial out of eight witnesses, three

          witnesses have been examined and of these three, two witnesses

          have turned hostile and one witness has changed the prosecution

          version. It is further submitted that only one injury has been

          caused to the deceased and therefore, the petitioner may be

          granted bail.

                       7. The learned APP for the State has vehemently

          opposed the prayer for bail and has submitted that the petitioner

          is an absconder and the trial has started. He also relies upon a

          judgment of the Hon’ble Supreme Court in the case of X vs.

          State of Rajasthan & Anr, 2024 SCC OnLine SC 3539

          particularly paragraph 16, to contend that the petitioner cannot

          be granted bail at this stage by examining the depositions of the

          witnesses.

                       8. Considering the aforesaid facts and circumstances

          of the case and taking into account the fact that the petitioner

          was an absconder for 13 years, as well as the law laid down by

          the Hon’ble Supreme Court in X vs. State of Rajasthan & Anr
            Patna High Court CR. MISC. No.22026 of 2026(2) dt.08-04-2026
                                                        3/3




                      (supra), this application is hereby rejected.

                                   9. The Senior Superintendent of Police, Gaya is

                      directed to ensure the attendance of the witnesses in the trial so

                      that the trial is not delayed any further.

                                   10. If the trial is still delayed by the prosecution, the

                      petitioner has liberty to approach this Court.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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