Patna High Court
Md. HefazversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 310(2), 311
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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