Patna High Court
Sheikh AlauddinversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was denied.
Summary
The petitioner, Sheikh Alauddin, applied for anticipatory bail fearing arrest in a case (PS Case No. 18 of 2024) involving offences under IPC sections 326, 307, 109/34 and Arms Act section 27. The prosecution alleged that the petitioner handed a pistol to Meraz Khan, who opened fire, and that Kurshid Alam later fired indiscriminately, causing injuries. The petitioner argued that the incident stemmed from an old enmity and that he had been acquitted in several prior cases. The State highlighted the petitioner’s ten criminal antecedents, though most resulted in acquittal. The Court, after hearing counsel, declined to grant anticipatory bail, directing the petitioner to surrender within four weeks for further proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under IPC 326, 307, 109/34 and Arms Act 27.
- Whether the petitioner’s past criminal antecedents preclude the grant of anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 109, 307, 326, 34
Subjects
- anticipatory bail
- IPC
- assault
- attempt to murder
- criminal conspiracy
- Arms Act
- bail
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6256 of 2026
Arising Out of PS. Case No.-18 Year-2024 Thana- CHOUTARWA District- West Champaran
======================================================
Sheikh Alauddin S/o Late Sheikh Mohammad Hussain @ Late Alauddin
Resident of Village- Kolhua Chautarwa, P.S.- Chautarwa, District- West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmesh Kumar Chaubey, Adv.
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 01-04-2026 Heard Mr. Dharmesh Kumar Chaubey, learned
counsel for the petitioner and Mr. Bharat Bhushan, learned APP.
2. The petitioner apprehends his arrest in connection
with Chautarwa P.S. Case No. 18 of 2024 for the offence
registered under sections 326, 307, 109/34 of the Indian Penal
Code and 27 of Arms Act.
3. As per the prosecution story, the informant recorded
his FIR in the surgical ward of the G.M.C.H, Bettiah alleging
that four persons including the petitioner, due to old dispute,
arrived and this petitioner handed over the pistol to Meraz Khan
who opened fire causing injury. When his nephew came to
rescue, Kurshid Alam took pistol from Meraz Khan and resorted
to indiscriminate firing causing injury to him. Later, they were
Patna High Court CR. MISC. No.6256 of 2026(3) dt.01-04-2026
2/2
shifted to the hospital which followed the FIR.
4. Though learned counsel for the petitioner tried to
impress upon this Court the old enmity leading to the present
FIR, learned APP has drawn attention of this Court to paragraph
3 to show that he has ten criminal antecedents under his belt.
Though in most of the cases, he has been acquitted.
5. Further, the allegation is that he handed over the
pistol to Meraz Khan who opened fire causing injury to the
informant.
6. Considering the aforesaid facts, this Court is not
inclined to extend him the privilege of anticipatory bail which is
accordingly rejected.
7. However, if the petitioner surrenders within four
weeks from today, the Court concerned shall take up the matter
and dispose it of preferably on the same day.
(Rajiv Roy, J)
Vijay Singh/-
U T
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