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Patna High Court

Md. SahinversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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/-

U      T


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