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Patna High Court

Md. AzadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Md. Azad, was arrested in connection with a case registered under sections 109 and 3(5) of the Bharatiya Nyaya Sanhita and section 27 of the Arms Act. He contended that he was falsely implicated due to personal enmity, that the informant was not an eye‑witness, and that the medical report showed only a minor abrasion, not a firearm injury. The petitioner also highlighted his clean antecedents and the fact that he had been in custody since 4 January 2026. The State opposed the bail application. Considering the petitioner’s clean record, the nature of the alleged injury, and the completion of the investigation, the Court granted regular bail on a bond of Rs. 20,000 with two sureties.

Issues considered

  • Whether regular bail should be granted to the petitioner accused under sections 109 and 3(5) of the Bharatiya Nyaya Sanhita and section 27 of the Arms Act, given the nature of the alleged injury and the petitioner’s antecedents.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • false implication
  • Arms Act
  • injury report
  • clean antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32110 of 2026
                        Arising Out of PS. Case No.-6 Year-2026 Thana- ALAMGANJ District- Patna
                 ======================================================
                 Md. Azad S/o Md. Rafik R/o vill - Chhoti Bazar, Raushan Colony, P.S.-
                 Khajekalan, Distt.- Patna
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Kumar, Adv.
                 For the Opposite Party/s :       Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-05-2026                        Heard the parties.

                                2. Petitioner seeks regular bail in connection with

                   Alamganj P.S. Case No. 06 of 2026 registered for the offences

                   punishable under sections 109 & 3(5) of the Bharatiya Nyaya

                   Sanhita and section 27 of the Arms Act.

                                3. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case due to previous enmity, which is apparent from the

                   FIR itself and the informant is not an eye witness to the alleged

                   occurrence. Learned counsel further submits that though the

                   allegation is of firearm injury, the injury report itself falsifies the

                   prosecution case inasmuch as the injury has been described as a

                   simple abrasion measuring 5 cm × 2 cm over the right scapular

                   region and no firearm injury has been found on the person of the

                   injured. It is further submitted that the nature of injury is simple
             Patna High Court CR. MISC. No.32110 of 2026(2) dt.12-05-2026
                                                         2/2




                       in nature and does not support the allegation of firing by pistol

                       and the petitioner has fair and clean antecedent and has been

                       languishing in jail since 04.01.2026.

                                    4. Learned APP for the State has opposed the prayer of

                       the petitioner.

                                    5. In the facts and circumstances of this case and

                       considering the statements made in the petition as well as above

                       submissions, coupled with petitioner’s fair and clean antecedent,

                       his custody period and completion of investigation against him

                       and also the nature of injury sustained by the informant’s son,

                       this Court is inclined to release him on bail. Accordingly, let the

                       petitioner named-above be released on bail on furnishing bail

                       bond of Rs. 20,000/- (Rupees Twenty Thousand) with two

                       sureties of the like amount each to the satisfaction of the court

                       concerned in connection with Alamganj P.S. Case No. 06 of

                       2026.



                                                 (Shailendra Singh, J)
annu/-

U        T


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