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Patna High Court

Md. HefazversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner, subject to bond and sureties.

Summary

The petitioner, Md. Hefaz, applied for regular bail in a case involving alleged offences under Sections 310(2)/311 of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act, arising from a robbery in which the informant’s son was shot. The petitioner claims innocence, stating that no material was recovered from him and that the only link is a CCTV image showing a person with a similar appearance, as noted in para‑56 of the case diary. The State contended that the petitioner had communicated with co‑accused, citing a call data record in para‑72. The petitioner had been in custody for nearly a year without any witness examination, and the charges were framed only in May 2025. Considering the lack of substantive evidence and the prolonged pre‑trial detention, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to cooperation with the trial.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the allegations under Sections 310(2)/311 BNS and Section 27 Arms Act
  • Whether the CCTV footage and CDR evidence are sufficient to justify denial of bail
  • Whether the prolonged pre‑trial detention without witness examination warrants bail

Legislation cited

Subjects

  • regular bail
  • pre‑trial detention
  • CCTV evidence
  • call data record
  • Bihar Negotiable Instruments Act
  • Arms Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.64320 of 2025
                      Arising Out of PS. Case No.-4 Year-2025 Thana- KURSAKANTA District- Araria
                 ======================================================
                 Md. Hefaz S/O Md. Ismile R/O Village- Balchanda, Ward No. 006, P.S-
                 Kursakanta, Distt.- Araria.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Gopal Kumar Jha
                 For the Opposite Party/s :       Mr.Md. Mushtaque Alam
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   21-01-2026                           Heard the learned counsel for the parties.

                                2. This is an application for regular bail on behalf of

                   the petitioner for the offences alleged under Sections 310(2)/311

                   of the BNS and Section 27 of the Arms Act, registered in

                   connection with Kursakanta P.S.Case No. 04 of 2025.

                                3. As per the allegation, while the informant and his

                   family members were sleeping in his house, the informant was

                   awakened by noise and noticed that some miscreants were

                   planning to commit robbery. Thereafter when the informant, his

                   son and grandson went to see his shop, 50 metres away from his

                   house, 12-15 accused persons, stopped the informant and looted

                   some cash from the locker of the shop. When the informant’s

                   son resisted the miscreants, one of them fired upon him,

                   piercing a bullet into his stomach, in consequence of which he
Patna High Court CR. MISC. No.64320 of 2025(4) dt.21-01-2026
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          suffered injury.

                         4. The learned counsel for the petitioner has

          submitted that the petitioner is innocent and has falsely been

          implicated. He is in custody since 31.01.2025. Nothing has been

          recovered from his possession. His name has figured in para-56

          of the case diary, in which a person resembling the feature of the

          petitioner was seen in the CCTV footage. It has been mentioned

          in para-56 of the case diary that the person who was in CCTV

          footage had similar physical appearance to that of the petitioner.

                       5. On the other hand, the learned APP Mr. Shailendra

          Kumar for the State, has submitted that the petitioner had

          conversed with the co-accused which transpires from the CDR

          mentioned in para-72 of the case diary.

                       6. The petitioner is in custody since 31.01.2025 i.e.

          for near about a year and not a single witness has been

          examined till date, whereas the charges have been framed in

          May, 2025

                       7. Considering the above facts and circumstances, let

          the petitioner, above-named, be released on bail on furnishing

          bail bond of Rs. 10,000/-(ten thousand) with two sureties of the

          like amount each to the satisfaction of learned J.M.1st araria in

          connection with Kursakanta P.S.Case No. 04 of 2025, subject to
           Patna High Court CR. MISC. No.64320 of 2025(4) dt.21-01-2026
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                     the following condition that the petitioner shall cooperate in the

                     disposal of trial and make himself available as and when

                     required by the court.


                                          (Nawneet Kumar Pandey, J)

HR/-

U      T


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