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Patna High Court

Md. Gafar Aalam @ Md. Gafar @ Aalam @ Md. Gaffar AlamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the evidence prima facie established the petitioner’s involvement in the offence.

Summary

The petitioner, Md. Gafar Aalam, was charged under Sections 126(2), 118(1), 109, 351(2), 3(5) of the Bihar Penal Code and Section 27 of the Arms Act for allegedly opening fire on an informant, causing a bullet injury to the informant's stomach. The petitioner claimed he was falsely implicated due to prior local disputes and sought anticipatory bail. The State opposed the bail, and the informant’s counsel identified the petitioner as the shooter. A medical report confirmed a bullet wound in the right hypogastric region, corroborating the informant’s statement. Considering the prima facie evidence linking the petitioner to the offence, the Court rejected the petition for anticipatory bail.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in view of the prima facie evidence against him
  • Whether the medical report and the informant’s statement establish a sufficient basis to deny bail

Legislation cited

Subjects

  • anticipatory bail
  • firearm offence
  • injury
  • Arms Act
  • bail jurisprudence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31138 of 2025
                         Arising Out of PS. Case No.-363 Year-2024 Thana- PARSA District- Saran
                 ======================================================
                 Md. Gafar Aalam @ Md. Gafar @ Aalam @ Md. Gaffar Alam S/o Md. Rafik
                 @ Md. Rafik Ansari @ Rafik Ansari R/o Vill.- Mastichak, P.S. - Parsa,
                 District - Saran. At Present Resident of Village - Saidpur, P.S.- Dariyapur,
                 District – Saran.                                            ... ... Petitioner/s
                                                    Versus
                 The State of Bihar.                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjay Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr.Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

6   21-01-2026                     Heard learned counsel appearing on behalf of the

                   petitioner and learned Additional Public Prosecutor appearing on

                   behalf of the State.

                                2. The accused/petitioner apprehending his arrest in

                   connection with Parsa P.S. Case No. 363 of 2024 registered for

                   the offences punishable under Sections 126(2), 118(1), 109,

                   351(2), 3(5) of BNS and Section 27 of Arms Act.

                                3. As per FIR, petitioner opened fire upon the

                   informant/injured alongwith other co-accused, while he was

                   returning after dropping his wife to school, where she was working.

                   Petitioner was known to the informant/injured. Informant received

                   bullet injury in his stomach during the occurrence.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner implicated falsely with

                   present case. It is pointed out that due to previous enmities arising
            Patna High Court CR. MISC. No.31138 of 2025(6) dt.21-01-2026
                                                        2/2




                      out of local disputes and differences, petitioner was implicated with

                      present case. Petitioner is a man of clean antecedent.

                                   5. Learned APP opposed the prayer of bail.

                                   6. Mr. Rakesh Kumar, learned counsel appearing on

                      behalf of the informant, while opposing the prayer of bail

                      submitted that the injured categorically stated naming this

                      petitioner as to fire upon his stomach.

                                   7. Injury report was called for vide earlier orders of this

                      Court, which now made available to this Court suggesting that

                      “bullet injury was found in Right Hypogastric Region with Entry

                      Wound 1.5x1 cm”.

                                   8. In view of aforesaid factual submissions and by

                      taking note of fact as the bullet injury on stomach appears found

                      upon medical examination of the injured prima facie corroborating

                      his statement which alleged to be caused by this petitioner,

                      accordingly, the prayer of anticipatory bail of this petitioner stands

                      rejected.

                                                              (Chandra Shekhar Jha, J)
veena/-
U       T


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