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Patna High Court

Md Shahid IbrahimiversusThe State Of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied regular bail to the petitioner.

Summary

The petitioner, Md Shahid Ibrahimi, applied for regular bail in a murder case alleged under Sections 103(1) and 3(5) of the BNS and Section 27 of the Arms Act. The prosecution’s case is based on an informant’s allegation that the petitioner was part of a conspiracy to murder the informant’s husband, though the informant was not an eye‑witness. The petitioner argued that the FIR contains only suspicion and no direct evidence linking him to the crime. The State opposed bail, highlighting the petitioner’s nine prior criminal convictions, some of a similar nature. The court, considering the seriousness of the charges and the petitioner’s extensive criminal record, rejected the bail application.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the offences and his prior criminal antecedents

Legislation cited

Subjects

  • regular bail
  • murder
  • criminal antecedents
  • Arms Act
  • BNS
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35271 of 2025
                    Arising Out of PS. Case No.-50 Year-2025 Thana- SHEKHPURA District- Sheikhpura
                 ======================================================
                 Md Shahid Ibrahimi S/o Md Kalimuddin @ Kalimuddin Resident of Vill-
                 Ariyari PS- Ariyari Dist- Sheikhpura
                                                                       ... ... Petitioner
                                                    Versus
                 The State Of Bihar
                                                                ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Kumari Anupam, Advocate
                 For the Opposite Party/s :       Mr.Satyendra Narayan Singh, A.P.P.
                                                  Mr. Rahul Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

6   05-02-2026                   Heard learned counsel for the petitioner and learned
                   A.P.P. for the State.
                                2. Petitioner seeks regular bail in case registered for
                   the offences punishable under Sections 103 (1) and 3 (5) of BNS
                   and Section 27 of the Arms Act.
                                3. The prosecution case, in brief, is that informant
                   namely, Neelam devi alleged that on 15.02.2025, her husband
                   went outside and later on she got an information that her
                   husband was murdered by gunshot. It is further alleged that due
                   to prior dispute, all the F.I.R. named accused persons including
                   this petitioner conspired and committed murder of her husband.
                                4. Learned counsel for the petitioner submitted that
                   from perusal of F.I.R. it is apparent that informant is not an eye
                   witness to the alleged occurrence. Only suspicion has been
                   raised against him. During course of investigation, informant
                   has only alleged that this petitioner along with other named
                   accused persons were seen fleeing from the place of occurrence
                   and none of the witnesses claimed to have seen this petitioner
                   committing the alleged occurrence.
             Patna High Court CR. MISC. No.35271 of 2025(6) dt.05-02-2026
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                                    5. Learned A.P.P. for the State and the informant
                       oppose the bail application. Learned counsel for the informant
                       submits that apart from the allegations made in the FIR and
                       materials collected during investigation, petitioner has got nine
                       criminal antecedents, out which some of them are of similar
                       nature.
                                    6. Considering the nature and gravity of allegation as
                       well as the fact that the petitioner has got nine criminal
                       antecedents, his prayer for bail is rejected.



                                             (Prabhat Kumar Singh, J)
Shashi

U        T


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