Patna High Court
Md. AzadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 3(5)
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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