Patna High Court
Md. Sahir @ Md. Sahil AhmadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner on account of his clean antecedent and the principle of judicial parity with a similarly situated co‑accused who had been granted bail.
Summary
The petitioner, Md. Sahir Ahmad, was named in an FIR for offences under several sections of the Bihar Negotiable Sale (BNS) Act and Section 27 of the Arms Act, alleging assault with a pistol and lathi and firing at an informant. The petitioner sought anticipatory bail, arguing a clean antecedent and that a co‑accused in a similar situation (Adnan Karimi) had already been granted bail by the same court. The State opposed the bail, contending the seriousness of the offences. The court noted the petitioner’s clean record, the nature of the allegations, and the principle of judicial parity with the co‑accused who received bail. Accordingly, the court directed that the petitioner be released on bail upon surrender, subject to a bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the BNS Act. The order effectively granted anticipatory bail to the petitioner.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the applicable provisions given the nature of the offences.
- Whether the petitioner’s clean antecedent and the grant of bail to a similarly situated co‑accused warrant the same relief.
- Whether the conditions imposed under Section 482(2) of the BNS Act are sufficient to justify bail.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Sale (BNS) Act — s. 109, 115(2), 126(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- clean antecedent
- judicial parity
- Arms Act
- assault
- Section 482
- Bihar Negotiable Sale Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30703 of 2026
Arising Out of PS. Case No.-349 Year-2025 Thana- BUNIYAD GANJ District- Gaya
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Md. Sahir @ Md. Sahil Ahmad Son of Nesar Ahmad @ Md. Nesar Ahmad
Resident of Village - Joda Masjid, Head Manpur Ps- Buniyadganj, Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheikh Arkan Ahmad
For the Opposite Party/s : Mr. Nirmal Kumar Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 12-05-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Buniyadganj
P.S. Case No. 349 of 2025 registered for the offences
under Sections 126(2), 115(2), 109, 351(2), 352, 3(5)
of BNS and Section 27 of the Arms Act.
3. As per FIR, the petitioner and other co-
accused persons assaulted the informant with butt of
pistol and lathi and co-accused Parvej Alam fired upon
him hitting to his chest. Whereafter, the petitioner and
two other co-accused persons also fired upon the
informant with their pistols but the shot missed the
Patna High Court CR. MISC. No.30703 of 2026(2) dt.12-05-2026
2/3
informant.
4. It is submitted by learned counsel appearing
on behalf of the petitioner that for the present
occurrence, the C.O. also lodged a separate case as the
occurrence took place in the background of the land
disputes. It is submitted that in the FIR which was
lodged by C.O., the present allegation not appears
available against petitioner and moreover, similarly
situated co-accused namely, Adnan Karimi @ Advan
Karim has already granted anticipatory bail by one of the
learned co-ordinate Bench of this Court through Cr.
Misc. No. 28700 of 2026 vide order dated 30.04.2026.
Petitioner claimed clean antecedent.
5 Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and
by taking note of nature of accusation, and as similarly
situated co-accused person namely, Adnan Karimi @
Advan Karim as mentioned aforesaid has already been
granted anticipatory bail by one of the learned co-
Patna High Court CR. MISC. No.30703 of 2026(2) dt.12-05-2026
3/3
ordinate Bench of this Court, accordingly taking note of
judicial parity the petitioner above-named, who is the
man of clean antecedent, in the event of his arrest or
surrender before the court below within a period of four
weeks, is directed to be released on bail, furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of
the learned ACJM VIII, Gayaji /concerned Court, where
the case is pending in connection with Buniyadganj P.S.
Case No. 349 of 2025, subject to the conditions as laid
down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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