Patna High Court
Chhotu @ Naiyar @ Md. Naiyer Alam @ Md. Neyar AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner was charged under sections 103(1) and 3(5) of the Bihar Negotiable Instruments Act and section 27 of the Arms Act for the murder of a teacher’s sister. The prosecution alleged that unknown miscreants, possibly a co‑teacher, carried out the killing, and that the petitioner was part of the conspiracy. The petitioner’s counsel argued that confessional statements of co‑accused Md. Maruf and Md. Sohail indicated the petitioner did not fire the weapon and had no prior criminal record, and that he had been in judicial custody since 18‑12‑2025. The State opposed bail, citing the seriousness of the offences. After hearing both sides, the court found the evidence insufficient to deny bail and ordered the petitioner released on regular bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- What is the applicability of regular bail in a case involving murder, conspiracy, and a firearms offence?
- Do the confessional statements of co‑accused persons absolve the petitioner of culpability sufficient to merit bail?
- Does the petitioner’s lack of prior criminal antecedent and prolonged pre‑trial detention justify granting bail?
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 103(1), 3(5)
Subjects
- regular bail
- murder
- conspiracy
- confessional statement
- Arms Act
- judicial custody
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28266 of 2026
Arising Out of PS. Case No.-437 Year-2025 Thana- NARPATGANJ District- Araria
======================================================
Chhotu @ Naiyar @ Md. Naiyer Alam @ Md. Neyar Alam S/O Azimuddin
R/O Village- Dumaria, P.S- Narpatganj, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 103(1) and
3(5) of BNS and Section 27 of the Arms Act.
3. The case of the prosecution is that some unknown
miscreants have committed murder of the sister of the informant
who was a teacher. The informant suspects that a co-teacher
Ranjeet Kumar was pressurizing the deceased for marriage and
that is why, he might have killed her.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
Patna High Court CR. MISC. No.28266 of 2026(2) dt.05-05-2026
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counsel for the petitioner has submitted that during course of
investigation, Md. Maruf and Md. Sohail have given their
confessional statement. In the confessional statement of Md.
Sohail, it has come that this petitioner was with them in the plan
of committing murder of the lady. Maruf has stated that Sohail
has fired at the lady, later on, it was disclosed that wrong person
has been killed. Similar is the statement of Sohail. Learned
counsel has submitted that even from the perusal of the
confessional statement of co-accused persons, it is clear that
petitioner is not the person who has fired. At most, the role is
that he was in the plan. A statement has been made in para-3 of
this petition that the petitioner has got no criminal antecedent.
Moreover, he is languishing in judicial custody since
18.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
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 released on bail in connection with Narpatganj
P.S. Case No. 437 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.28266 of 2026(2) dt.05-05-2026
3/3
each to the satisfaction of learned Chief Judicial Magistrate,
Araria.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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