Patna High Court
Md Waquar @ Waquar AhmadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the petitioner's application for regular bail, finding that the prolonged custody and trial delay warranted release on bail.
Summary
The petitioner, Md Waquar Ahmad, was charged under multiple sections of the Indian Penal Code (147, 148, 149, 341, 323, 324, 354B, 307, 379, 504, 506) and Section 27 of the Arms Act for allegedly indiscriminately firing on a victim, injuring a child. He had been in custody since 20 June 2025 and had one prior criminal antecedent. His earlier application for regular bail was rejected on 12 February 2025. On a second attempt, his senior counsel argued that he was falsely implicated and that the trial had not yet progressed, offering cooperation with the investigation. The State opposed the bail, but the court, noting the prolonged custody and delay in trial, allowed the regular bail with a bond of Rs. 10,000 and two sureties. Consequently, the petitioner was ordered to be released on bail pending further trial proceedings.
Issues considered
- Whether regular bail should be granted to an accused facing multiple serious offences under the IPC and the Arms Act.
- Whether the length of pre‑trial custody and delay in trial justify the grant of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 341, 354B, 379, 504, 506
Subjects
- regular bail
- pre‑trial detention
- IPC offences
- Arms Act
- delay in trial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22160 of 2026
Arising Out of PS. Case No.-167 Year-2023 Thana- BHARGAMA District- Araria
======================================================
Md Waquar @ Waquar Ahmad S/o Rafi Alam R/o Village- Akarthapa, Ward
No.08, P.S- Bhargama, Dist- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.N.K.Agrawal, Sr. Advocate
Mr.Kumar Rajdeep, Advocate
For the State : Mr.Chandra Sen Prasad Singh, APP
For the Informant : Mr.Naffizoha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 01-07-2026 Heard Mr. N. K. Agrawal, learned Senior Counsel for
the petitioner and learned Additional Public Prosecutor for the
State.
2. This is the second attempt of the petitioner for grant
of regular bail in connection Bhargama P.S. Case No. 167 of
2023 registered for the offence under Sections 147, 148, 149,
341, 323, 324, 354B, 307, 379, 504, 506 of the Indian Penal
Code and under Section 27 of the Arms Act. Earlier the bail
application of the petitioner was rejected vide order dated
12.02.2025 passed in Cr. Misc. No. 83623 of 2023.
3. As per the prosecution case, the petitioner and
others are accused of indiscriminately firing upon the victim
which caused injury to a child. Petitioner is in custody since
Patna High Court CR. MISC. No.22160 of 2026(3) dt.01-07-2026
2/2
20.06.2025 and has one criminal antecedent.
4. Learned Senior Counsel for the petitioner submits
that petitioner has falsely been implicated in the present case.
Learned Senior Counsel further submits that the trial has not yet
progressed. The petitioner undertakes to co-operate in the case/
trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the period of custody and delay in
trial, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned D.A.J. IV, Araria/concerned Court
below in connection with Bhargama P.S. Case No. 167 of 2023.
(Sandeep Kumar, J)
tusharika/-
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