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Patna High Court

Chhotu @ Naiyar @ Md. Naiyer Alam @ Md. Neyar AlamversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
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                      each to the satisfaction of learned Chief Judicial Magistrate,

                      Araria.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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