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Patna High Court

Md. Saif Ali @ SabboversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

Since the petitioner was not the person who fired the weapon, the court granted regular bail.

Summary

The petitioner, Md. Saif Ali, was arrested in connection with a case alleging that he ordered the killing of an informant during a scuffle, though he did not fire the weapon. He was charged under multiple sections of the B.N.S. and section 27 of the Arms Act and had been in custody since 12 February 2026. The petitioner pleaded innocence, highlighted his clean antecedents, and sought regular bail, while the State opposed the application. The court examined whether the petitioner, not being the shooter, could be granted bail despite the serious nature of the charges. Concluding that he was not the person who fired the shot, the court allowed his release on bail upon furnishing a bond of Rs. 10,000 with two sureties. The order was made on a prima facie basis and does not prejudice the merits of the trial.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged under serious offences including the Arms Act.
  • Whether the petitioner’s role as an alleged conspirator, but not the shooter, affects bail eligibility.

Legislation cited

  • Arms Act — s. 27
  • B.N.S. — s. 109(1), 115(2), 118(1), 126(2), 127(2), 3(5), 351(2), 352

Subjects

  • regular bail
  • criminal procedure
  • Arms Act
  • serious offences
  • antecedents
  • bail order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35474 of 2026
                   Arising Out of PS. Case No.-465 Year-2025 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
                 Md. Saif Ali @ Sabbo Son of Md. Rijban @ Rizwan Bharti Resident of
                 Village- Narhan, P.S.- Bibhutipur, District- Samastipur.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Binod Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   21-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Bibhutipur P.S. Case No. 465 of 2025, registered under Sections

                   126(2), 127(2), 118(1), 115(2), 109(1), 352, 351(2), 3(5) of

                   B.N.S. and section 27 of Arms Act.

                                3. As per prosecution case, the allegation is that the

                   three persons surrounded the informant and his two sons,

                   namely, Gaurav and Divyansh on account of a minor scuffle. It

                   is said that Vivek and Md. Saif (petitioner) ordered to kill on

                   which Rahul @ Punjabi shot at the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. The petitioner has clean antecedent and he is in
            Patna High Court CR. MISC. No.35474 of 2026(2) dt.21-05-2026
                                                        2/2




                      custody since 12.02.2026.

                                   5. Learned APP for the State has vehemently opposes

                      the prayer for bail of the petitioner.

                                   6. Considering the fact that the petitioner is not the

                      person who fired, this bail application is allowed.

                                   7. Accordingly, let the petitioner above named, be

                      released on bail on furnishing bail bonds of Rs. 10,000/-

                      (Rupees Ten Thousand Only) with two sureties of the like

                      amount each to the satisfaction of learned S.D.J.M., Rosera,

                      Samastipur/concerned           court     below       in   connection   with

                      Bibhutipur P.S. Case No. 465 of 2025.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.


                                                       (Ansul, J)

Ranjeet/-

U      T


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