Patna High Court
Md. Shohab @ ShahabversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners.
Summary
The petitioners, Md. Shohab and Rinku Malik, were arrested in connection with a mob incident involving firing near a petrol pump, leading to a FIR against 32 persons under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. They have been in custody since 28 September 2025 and claim no prior criminal record and that the FIR makes only a general, omnibus allegation against them with no seized material in their possession. The petitioners argued they were merely members of the mob and that other co‑accused had already been granted bail. The State opposed the bail application. Considering the length of custody, the submission of the charge sheet, and the lack of specific evidence against the petitioners, the Court inclined to grant bail, ordering them to furnish a bail bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioners despite the serious offences alleged under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the general nature of the FIR and lack of specific evidence against the petitioners justify continued detention
Legislation cited
- Arms Act — s. 27, 30
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 132, 190, 191(2), 193(3), 196, 285
Subjects
- bail
- criminal procedure
- mob violence
- arms possession
- Bharatiya Nyaya Sanhita
- Arms Act
- high court
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6540 of 2026
Arising Out of PS. Case No.-81 Year-2025 Thana- Safiyasarai District- Munger
======================================================
1. Md. Shohab @ Shahab S/o- Late Ajhul @ Ajmul Resident of
Mohammadpur Farda PS Safiasarai Dist- Munger
2. Rinku Malik @ Riku Malik S/o- Late Md. Anshu Malik @ Anish Malik
Resident of Mohammadpur Farda PS Safiasarai Dist- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dinesh Gupta, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners seek bail in connection with
Sessions Case No. 512 of 2025, arising out of Safiasarai P.S.
Case No. 81 of 2025 instituted for the offence under Sections
191(2), 193(3), 190, 126(2), 115(2), 132, 196, 109(1) & 285 of
the Bharatiya Nyaya Sanhita, 2023 and Sections 30 & 27 of the
Arms Act.
3. Prosecution case, in short, is that on 27.09.2025 at
about 12:05 PM, on receiving information of a dispute and
firing near Mohammadpur Petrol Pump, police reached the spot
at 12:15 PM and found a violent mob obstructing traffic,
Patna High Court CR. MISC. No.6540 of 2026(2) dt.04-02-2026
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assaulting passersby, and indulging in scuffle with police
personnel. During action to maintain law and order, 11 persons
were arrested, names of 21 absconders and 40–50 unknown
persons were disclosed, and on search of the house of Md.
Jamal Malik, one revolver with 12 cartridges was recovered,
leading to registration of FIR against 32 persons.
4. It has been submitted on behalf of the petitioners
that the petitioners are in custody since 28.09.2025. Petitioners
bear no criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioners’
counsel that petitioners have been falsely implicated in the
present case. From perusal of the FIR, it would manifest that
there is no specific allegation against the petitioners rather the
same is general and omnibus in nature. Nothing has been
recovered from the conscious possession of the petitioners.
Petitioners were at best the members of the mob. Charge sheet
has already been submitted in this case. Other co-accused has
been granted bail by this Court vide order dated 28.01.2026,
passed in Cr. Misc. No. 5370 of 2026.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
Patna High Court CR. MISC. No.6540 of 2026(2) dt.04-02-2026
3/3
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioners and charge sheet
being submitted, this Court is inclined to grant bail to the
petitioners.
8. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteeen Thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sessions Case No.
512 of 2025, arising out of Safiasarai P.S. Case No. 81 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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