Patna High Court
SlamuddinversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The bail petition was dismissed.
Summary
Slamuddin, arrested on 1 March 2025, sought bail in connection with FIR No. 318/2024 alleging his participation in a shooting that killed the husband of an informant. The charges were under Sections 103(1) and 3(5) of the Bharatiya Nyay Sanhita, 2023 and Section 27 of the Arms Act. The petitioner claimed a clean record, false implication, and pointed to a co‑accused who had been granted anticipatory bail. The trial court report indicated that all charge‑sheet witnesses had been examined and the case was ready for hearing. The State and the informant opposed bail, citing direct allegations that the petitioner fired the fatal shot. The High Court, after considering the seriousness of the offence and the stage of the trial, refused the bail petition and directed the trial court to expedite the proceedings.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the offences and the evidence on record
- Whether the grant of anticipatory bail to a co‑accused influences the bail decision for the petitioner
- Whether the petitioner’s right to a speedy trial warrants bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- bail
- anticipatory bail
- criminal procedure
- Arms Act
- Bharatiya Nyay Sanhita
- trial delay
- serious offence
- homicide
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56350 of 2025
Arising Out of PS. Case No.-318 Year-2024 Thana- DUMARIAGHAT District- East
Champaran
======================================================
Slamuddin S/o Khalil Miyan R/o Vill- Rampurba Khajuria, P.S.- Dumariya
Ghat, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
For the State : Mr. Lalan Kumar, APP
For the Informant : Mr. Ashok Kumar Gupta, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 17-03-2026 Heard Mr. Anuj Kumar, learned counsel for the
petitioner, Mr. Lalan Kumar, learned A.P.P. for the State and
Mr. Ashok Kumar Gupta, learned counsel for the Informant.
2. The petitioner seeks bail, who is in custody since
01.03.2025, in connection with Dumariya Ghat P.S. Case No.
318 of 2024, FIR dated 25.12.2024 registered for the offence
under Sections 103(1), 3(5) of the Bharatiya Nyay Sanhita, 2023
and Section 27 of Arms Act.
3. According to the prosecution case, it is alleged that
when the husband of the informant was returning from his
school, in the way, the petitioner along with other co-accused
persons surrounded him and made firing on him due to which he
sustained gunshot injury. Thereafter, the accused persons fled
Patna High Court CR. MISC. No.56350 of 2025(4) dt.17-03-2026
2/3
away and husband of the informant was taken to Motihari
hospital where doctor declared him dead.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent and he has
falsely been implicated in this case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offences as alleged in the F.I.R
and similarly situated co-accused person, namely, Lalu Miya @
Pravej alam has been granted the privilege of anticipatory bail
by co-ordinate Bench of this Court vide order dated 23.07.2025
in Cr. Misc. No. 43053 of 2025 and the petitioner is rotting in
judicial custody since 01.03.2025 i.e. for more than one year
and the trial is not in progress.
5. Vide order dated 02.02.2026 a report was called
with regard to stage of the trial. Report of the learned Trial
Court dated 07.02.2026 reveals that all the charge sheet
witnesses have already been examined including the doctor and
the I.O. and now the case is fixed for hearing.
6. Learned counsel for the informant as well as learned
A.P.P. for the State, on the other hand, have vehemently opposed
the prayer for bail of the petitioner and submits that there is
direct and specific allegation against the petitioner that he fired
Patna High Court CR. MISC. No.56350 of 2025(4) dt.17-03-2026
3/3
upon the husband of the informant.
7. Considering the facts and circumstances of the
case, I am not inclined to enlarge the petitioner on bail in
connection with Dumariya Ghat P.S. Case No. 318 of 2024
pending in the Court of C.J.M., East Champaran
8. Prayer is refused.
9. However the learned Trial Court is directed to
expedite the trial and conclude the same at the earliest.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
Checking your session…