Patna High Court
Shahnawaj @ Shahnawaz @ Rijwanul Haque @ Rizwanul HaqueversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAMESH CHAND MALVIYA
Holding
Bail was denied as the trial is already at the stage of prosecution evidence and no fresh ground exists to revisit the earlier bail refusal.
Summary
The petitioner, Shahnawaj, is in custody for multiple IPC and Arms Act offences stemming from an alleged assault and indiscriminate firing that resulted in a death. He contends that he was falsely implicated due to local village politics and seeks bail, having been in custody since August 2023. The State opposed the bail, noting that the trial court has already examined nine of ten witnesses and the case is set for prosecution evidence, indicating no fresh ground for bail. The High Court examined the trial report dated 03‑02‑2026 and found that the proceedings are advanced, with no change in circumstances since the earlier bail denial. Consequently, the Court rejected the bail application, upholding the earlier order.
Issues considered
- Whether the petitioner is entitled to bail despite the trial being at an advanced stage and earlier bail denial
- Whether there exist fresh grounds to reconsider bail after the earlier rejection
Legislation cited
- Arms Act — s. 25(1-B)A, 26, 27, 30, 35
- Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 324, 341, 447, 504, 506
Subjects
- bail
- criminal procedure
- IPC offences
- Arms Act
- political victimisation
- trial evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63739 of 2025
Arising Out of PS. Case No.-598 Year-2023 Thana- SIKARPUR District- West Champaran
======================================================
Shahnawaj @ Shahnawaz @ Rijwanul Haque @ Rizwanul Haque, aged about
40 years(M), son of Mainul @ Mainul Haque, Resident of village Nautanwa,
P.S.- Shikarpur, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
6 18-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is in custody in a case registered for
the offence punishable under Sections 147, 148, 149, 447, 341,
323, 324, 307, 504, 302 and 506 of the Indian Penal Code and
Section 27, 25(1-B)A, 26, 30 and 35 of the Arms Act.
3. Allegation against the petitioner and other co-
accused persons is to have assaulted the informant and others
and open indiscriminate firing upon them and thereafter one
Md. Illiyas Sheikh injured and died during course of treatment.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case and he has
been implicated in this case due to local village politics.
Patna High Court CR. MISC. No.63739 of 2025(6) dt.18-03-2026
2/2
Petitioner is in custody since 31.08.2023. He next submits that
earlier the prayer for bail of this petitioner was rejected by this
Court passed in Cr. Misc. No. 19710 of 2024 vide order dated
17.05.2024.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the prayer for bail of this
petitioner was earlier rejected by this Court.
6. From perusal of the report of the learned trial Court
dated 03.02.2026, it appears that this case is fixed for
prosecution evidence and out of 10 chargesheeted witnesses,
nine witnesses have already been examined and next date is
fixed on 06.02.2026, so there is no fresh ground to reconsider
the prayer for bail of this petitioner.
7. Accordingly, the prayer for bail of this petitioner is
again rejected.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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