Patna High Court
Md. SahinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Md. Sahin, was arrested on 1 December 2025 in connection with FIR dated 19 August 2025 alleging a conspiracy to murder an informant's son, with charges under Sections 103(1), 61(02), 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The prosecution alleged that the firing was carried out by co‑accused Md. Imran, and that the petitioner was falsely implicated. The petitioner contended that no specific allegation of firing was made against him and pointed to a similar co‑accused who had been granted bail in a related case. The State opposed bail, highlighting five prior criminal antecedents, though the petitioner was already on bail in four other cases. The Court, after considering the lack of a direct allegation against the petitioner and the precedent of bail to a co‑accused, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding trial cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite serious charges of conspiracy and arms offences.
- Whether the absence of a specific allegation of firing against the petitioner justifies bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 3(5), 61(02)
Subjects
- bail
- criminal antecedents
- conspiracy
- arms act
- section 27
- trial cooperation
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33586 of 2026
Arising Out of PS. Case No.-557 Year-2025 Thana- AMARPUR District- Banka
======================================================
Md. Sahin S/o Md. Taiyab @ Seikh Tayyab R/o Village - Khariyara @
Kharihara, P.S - Barahat, District - Banka
... ... 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. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-05-2026 Heard Mr. Sanjay Kumar Jha, learned counsel for the
petitioner and Mr. Rajendra Nath Jha, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
01.12.2025 in connection with Amarpur P.S. Case No. 557 of
2025, F.I.R. dated 19.08.2025 for the offences punishable under
Sections 103(1), 61(02) and 3(5) of the BNS, 2023 and Section
27 of the Arms Act.
3. According to prosecution case, all the accused
persons including this petitioner under a conspiracy killed
informant's son where the specific allegation of firing is against
Md. Imran one of the co-accused.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.33586 of 2026(2) dt.15-05-2026
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present case. It appears from the FIR that although the petitioner
is named in the FIR but the specific allegation of assault and
firing is against the co-accused, namely, Md. Imran and there is
no specific allegation of firing against this petitioner. He further
submits that the police after investigation submitted the charge
sheet against the petitioner. He further submits that similarly
situated, co-accused, namely, Md. Tahsib @ Lalu against whom
there has been similar allegation has been granted bail by this
Court vide order dated 15.04.2026 passed in Cr. Misc. No.
24227 of 2026. The petitioner is in custody since 01.12.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries five criminal antecedents other
than the present one but fairly submits that he is on bail in four
cases and one case is pending for consideration before the
competent court of law.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned CJM,
Banka in connection with Amarpur P.S. Case No. 557 of 2025,
subject to the following conditions:-
Patna High Court CR. MISC. No.33586 of 2026(2) dt.15-05-2026
3/3
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
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