Patna High Court
Nawaj Ahmad @ Md. Chhotu @ Nawaz AhamadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail should be granted as there is no specific allegation of an overt act by the petitioner and the period of custody warrants relief.
Summary
The petitioner, Nawaj Ahmad, was arrested in connection with a case (Sadar PS No. 651 of 2025) alleging offences under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The prosecution alleged that co‑accused Md. Tufail fired at the informant’s husband, causing his death, and that the petitioner fled the scene, though no specific overt act was attributed to him. The petitioner had been in custody since 13 August 2025 and sought regular bail. The State and the informant opposed the bail, arguing the seriousness of the accusation. Considering the lack of a direct allegation against the petitioner and the length of custody, the Court granted bail on a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the charges and the fact that he is only alleged to have fled the scene.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- homicide
- firearms
- Bharatiya Nyaya Sanhita
- Arms Act
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2356 of 2026
Arising Out of PS. Case No.-651 Year-2025 Thana- MUZAFFARPUR SADAR District-
Muzaffarpur
======================================================
Nawaj Ahmad @ Md. Chhotu @ Nawaz Ahamad S/O Sri Katil Ahmad @ Md
Katil Miyan R/O Village- Majhaulia Khetal, p.s- Sadar, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ritwik Thakur, Ms. Vaishnavi Singh, Adv
For the Opposite Party/s : Mr. Tarun Prasad Mandal, A.P.P.
For the Informant : Mr. Shambhu Narayan Singh,
Mr. Suraj Kumar Tiwari, Advocates
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner, informant
and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Sadar P. S. Case No. 651 of 2025 registered for the offences
punishable under Sections 103(1), 3(5) of the Bharatiya Nyaya
Sanhita and Section 27 of the Arms Act.
3. As per prosecution case, co-accused Md. Tufail @
Bhuttu fired upon the head of husband of informant as a result
of which he died on the spot. Petitioner is alleged to have fled
away from the spot.
4. Learned counsel for the petitioner submits that
specific accusation of firing upon the deceased is against co-
accused Md. Tufail @ Bhuttu. Petitioner is only alleged to have
Patna High Court CR. MISC. No.2356 of 2026(2) dt.13-02-2026
2/2
fled away from the spot and there is no allegation of any
specific overt act against him. Petitioner is in custody since
13.08.2025.
5. However, learned A.P.P. for the State as well as
learned counsel for the informant vehemently opposed the bail
application.
6. Considering the nature of accusation and period of
custody, this bail application is allowed. The petitioner, above
named, is directed to be released on bail on furnishing bail bond
of Rs. 10,000/- (Ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Muzaffarpur in connection with Sadar P. S. Case
No. 651 of 2025.
(Prabhat Kumar Singh, J)
Navya/-
U T
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