Patna High Court
Md. SalmanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners, subject to specified conditions.
Summary
The petitioners, Md. Salman and Pikku Kumar, were arrested on 28 September 2025 in connection with a Sessions case arising from an alleged unlawful assembly and firing between two communities over a land dispute. The FIR alleged offences under several sections of the Bihar Penal Code and the Arms Act, and weapons were recovered from a co‑accused’s residence, but no specific act of assault was directly attributed to the petitioners. The petitioners argued that they have a clean antecedent and were implicated only on a general, omnibus basis, seeking bail after more than three months of custody. The State opposed the bail application, contending the seriousness of the charges. The High Court, noting the absence of specific allegations against the petitioners and their clean record, granted bail subject to monetary surety and conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioners despite the serious charges under the Bihar Penal Code and Arms Act.
- Whether the general allegations in the FIR constitute sufficient ground to deny bail in the absence of specific evidence against the petitioners.
Legislation cited
- Arms Act — s. 27, 30
Subjects
- bail
- unlawful assembly
- arms possession
- clean antecedent
- criminal procedure
- session case
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5370 of 2026
Arising Out of PS. Case No.-81 Year-2025 Thana- Safiyasarai District- Munger
======================================================
1. Md. Salman S/O Haroon
2. Pikku Kumar @ Pinku S/O Gorakh Paswan Resident of Mohammadpur
Farda P.S - Safiasarai,Dist- Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dinesh Gupta,Advocate
For the Opposite Party/s : Mr.Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-01-2026 Heard Mr.Dinesh Gupta, learned counsel for the
petitioners and Mr.Humayou Ahmad Khan, learned Additional
Public Prosecutor for the State.
2. The petitioners seek bail, who are in custody since
28.09.2025 in connection with Sessions Case No. 512 of 2025,
arising out of Safiasarai P.S.Case No.81/2025, F.I.R. dated
27.09.2025 registered for the offence punishable under Sections
191(2), 191(3), 109, 126(2), 115(2),132,196,109(1),285 of BNS
and Sections 30/27 of Arms Act.
3. As per prosecution case, police received
information about huge unlawful assembly of two communities
resorting to firing over each other in the background of land
dispute. Police party reached at the spot and tried to pacify the
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members of unlawful assembly. But they did not pay any heed
to the advise of the police party and started scuffling with it.
Thereafter, co-accused, person, namely, Sethu Kumar was
apprehended along with ten other persons. The other co-accused
persons have been named by the local Chowkidar as the persons
who along with other co-accused persons fled away from the
spot. The recovery of 12 bore gun, revolver and cartridges of
different bores were recovered from the house of co-accused
Bablu Mallick.
4. Learned counsel appearing for the petitioners
submits that the petitioners have clean antecedent.
It appears from the FIR that although the petitioners are named
in the FIR but there is no specific allegation of any assault or
overt-act attributed against the petitioners rather there is general
and omnibus allegation against all the accused persons including
the petitioners and arms have been recovered from possession of
co-accused person, namely, Bablu Mallick and petitioners have
been made accused in the present case merely on the basis of
suspicion and except the aforesaid, no other cogent material has
come during investigation against the petitioners to suggest the
involvement of the petitioners in the present occurrence. The
police, after investigation, submitted chargesheet against the
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petitioners and the petitioners are in custody since 28.09.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts, petitioners have
clean antecedent, there is no specific allegation of any assault or
overt-act attributed against the petitioners and nothing has been
recovered from possession of the petitioners, let the petitioners,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand)each with two sureties of the like
amount each to the satisfaction of learned District and
Additional Sessions Judge 2nd Munger/concerned court in
connection with Sessions Case No. 512 of 2025, arising out of
Safiasarai P.S.Case No.81/2025, with the following conditions:-
(I) Petitioners 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 theri absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
(II) If the petitioners tamper 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
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verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. 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)
Nitesh/-
U T
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