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Patna High Court

Abdul HananversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

Abdul Hanan was arrested on 17 April 2026 in connection with a FIR dated 18 February 2025 alleging that he opened fire on an informant, causing injury to the informant's finger, and also injuring other family members. He was charged under Sections 126(2), 115(2), 109, 324(4) and 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act, 1959. The petitioner claimed innocence, arguing that the injury report did not substantiate the allegations and that he was falsely implicated, while the informant and the State contended that the FIR contained specific allegations and that the petitioner had other pending cases. The court examined the evidence, the nature of the injury, and the petitioner’s criminal antecedents, and concluded that bail could be granted with strict conditions. Accordingly, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties and imposed conditions regarding cooperation with the trial, non‑tampering with evidence or witnesses, and verification of criminal antecedents.

Issues considered

  • Whether the petitioner is entitled to bail despite the seriousness of the offences alleged under the B.N.S., 2023 and the Arms Act.
  • Whether the injury report sufficiently supports the charge of firing upon the informant.
  • Whether the petitioner’s prior criminal cases and pending matters justify denial of bail.

Legislation cited

Subjects

  • bail
  • Criminal Procedure Code
  • Arms Act
  • false implication
  • injury report
  • conditions of bail
  • prior criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44178 of 2026
                     Arising Out of PS. Case No.-132 Year-2025 Thana- GOPALGANJ TOWN District-
                                                       Gopalganj
                 ======================================================
                 Abdul Hanan S/o Late Harun Rasid @ Harul Rasid @ Harul Rasul Resident
                 of village - Takiya Yakub, P.S.- Gopalganj Town, District - Gopalganj


                                                                                ... ... Petitioner/s
                                                      Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. P.N. Shahi, Sr. Advocate
                                                Mr. Md Danish Quamar, Advocate
                 For the Informant        :     Mr. Aamresh Kumar Sinha, Advocate
                 For the Opposite Party/s :     Mr. Sanjay Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   03-07-2026                    Heard Mr. P.N. Shahi, learned Senior counsel for the

                   petitioner, Mr. Aamresh Kumar Sinha, learned counsel for the

                   Informant and Mr. Sanjay Kumar Singh, learned APP for the

                   State.

                                 2. Petitioner seeks bail, who is in custody since

                   17.04.2026, in connection with Gopalganj Town P.S. Case No.

                   132 of 2025, F.I.R. dated 18.02.2025 registered for the offences

                   punishable under Sections 126(2), 115(2), 109, 324(4) and 3(5)

                   of the B.N.S., 2023 and Section 27 of the Arms Act, 1959.

                                 3. Allegation against the petitioner is of opening fire

                   causing injury on the finger of the informant.
Patna High Court CR. MISC. No.44178 of 2026(2) dt.03-07-2026
                                            2/4




                       4. Learned Senior counsel for the petitioner submits

          that the petitioner is innocent and he has been falsely implicated

          in the present case. It appears from the F.I.R. that although the

          petitioner is named in the F.I.R. and there is specific allegation

          against him that he has fired upon the informant but the injury

          report does not support the allegation as alleged in the F.I.R. and

          apart from that there is case and counter case between the

          parties. Petitioner and other family members have also received

          injury in the present occurrence and one of the injury inflicted

          upon the injured person is grievous in nature but the same is not

          on the vital part of the body. He further submits that the police

          after investigation submitted chargesheet against the petitioner

          and the petitioner is in custody since 17.04.2026.

                       5. Learned counsel for the Informant as well as

          learned Additional Public Prosecutor for the State, on the other

          hand, vehemently opposed the prayer for bail of the petitioner

          and submits that from perusal of the F.I.R. it appears that there

          is direct and specific allegation against the petitioner that he has

          fired upon the informant but fairly submits that the injury report

          does support the allegation as alleged in the F.I.R. and apart

          from that petitioner carries three more cases other than the

          present one but fairly submits on the basis of paragraph-3 of the
Patna High Court CR. MISC. No.44178 of 2026(2) dt.03-07-2026
                                            3/4




          bail petition that out of three cases, petitioner has been acquitted

          in two cases by the learned Trial court and rest one case he is on

          bail in the pending matter.

                       6. Considering the facts and circumstances of the

          case, let the petitioner, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned     Chief Judicial Magistrate, Gopalganj in connection

          with Gopalganj Town P.S. Case No. 132 of 2025, subject to the

          following conditions :-

                       (1) 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.

                       (2) If the petitioner tampers with the evidence or the

          witness, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       (3) 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 antecedents, the court below shall take step for
               Patna High Court CR. MISC. No.44178 of 2026(2) dt.03-07-2026
                                                           4/4




                         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)
Ibrar//-

U          T


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