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Patna High Court

Sheikh AlauddinversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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