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Patna High Court

Nawaj Ahmad @ Md. Chhotu @ Nawaz AhamadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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