Patna High Court
Abdul HananversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act, 1959 — s. 27
- B.N.S., 2023 — s. 109, 115(2), 126(2), 324(4), 3(5)
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
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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
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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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