Patna High Court
Md. Eklakh Ahmad @ Md. EklakhversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Md. Eklakh Ahmad, was arrested in connection with a case registered under Sections 351(2), 352, 109 and 3(5) of the Bihar Non‑Statutory (BNS) provisions and Section 27 of the Arms Act, alleged to have fired at an informant’s house. The prosecution argued that the petitioner and others discharged firearms, while the defence contended that the allegations were vague, no cartridge was recovered, no injury occurred, the petitioner had no prior criminal record and had been in judicial custody since 19‑02‑2026. The petitioner applied for bail, offering a bond of Rs.10,000 with two sureties. The State opposed the bail application. After hearing both sides, the court found the lack of concrete evidence and the petitioner’s clean antecedents sufficient to justify bail. Consequently, the court ordered the petitioner’s release on bail upon furnishing the stipulated bond and sureties.
Issues considered
- Whether bail should be granted to the petitioner charged under Sections 351(2), 352, 109, 3(5) of the BNS and Section 27 of the Arms Act given the facts of the case.
Legislation cited
- Arms Act — s. 27
Subjects
- bail
- criminal procedure
- Arms Act
- Section 351
- Section 352
- Section 109
- Section 3(5)
- Section 27
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26691 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- KARPURIGRAM District- Samastipur
======================================================
Md. Eklakh Ahmad @ Md. Eklakh S/o Late Md. Nijamuddin R/o Vill. -
Mukundpur, P.S. - Karpurigram, Dist. - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Karpurigram P.S. Case No.03 of 2026 registered for the
offence punishable under Sections 351(2), 352, 109 & 3(5) of
the BNS and under Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that the
petitioner along with others have fired at the house of the
informant.
4. Learned counsel appearing on behalf of the
petitioner has submitted that the nature of allegation as alleged
against the petitioner is general and omnibus. It has further been
submitted that no cartridge has been recovered from the place of
occurrence. It has further been submitted that nobody has
Patna High Court CR. MISC. No.26691 of 2026(2) dt.22-04-2026
2/2
received any injury. Learned counsel for the petitioner has
further submitted that the petitioner is having no criminal
antecedent and he is in judicial custody since 19.02.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
J.M.- 1st Class, Samastipur, in connection with Karpurigram P.S.
Case No.03 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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