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Patna High Court

Jimmy @ Md. ShahnawazversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Jimmy @ Md. Shahnawaz, was arrested in connection with a case registered under IPC sections 363, 364 and 365/34 and has been in custody since 19‑12‑2023. An earlier application for regular bail was rejected by the Patna High Court on 26‑06‑2024. In the present application, counsel argued that the prosecution case is unreliable because the post‑mortem report shows only a single injury on the deceased, suggesting falsification of evidence. The Court, noting the lack of corroborative injuries and the prolonged pre‑trial detention, allowed the bail application. The petitioner was released on a bail bond of Rs.10,000 with two sureties and was directed to appear regularly before the trial court and report to the police station on specified days, with non‑compliance leading to cancellation of bail.

Issues considered

  • Whether regular bail should be granted to the petitioner despite the serious nature of the offences alleged under IPC sections 363, 364 and 365/34.
  • Whether the post‑mortem report indicating a single injury undermines the prosecution's case and warrants bail.

Legislation cited

Subjects

  • regular bail
  • Indian Penal Code
  • post‑mortem report
  • evidence
  • pre‑trial detention
  • Criminal Procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.65422 of 2025
                     Arising Out of PS. Case No.-503 Year-2023 Thana- SULTANGANJ District- Patna
                 ======================================================
                 Jimmy @ Md. Shahnawaz S/o- Late Sikandar @ Late Sikander Mohalla-
                 Dargah Road, Karwala, P.S. Sultanganj, District- Patna

                                                                                   ... ... Petitioner
                                                      Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Patanjali Rishi, Advocate
                 For the Opposite Party :        Mr. Shyam Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   25-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2.        This is the second attempt on behalf of the

                   petitioner for grant of regular bail in connection with Sultanganj

                   P.S. Case No.503 of 2023 registered for the offence punishable

                   under sections 363, 364 and 365/34 of the Indian Penal Code.

                                  3.        Earlier, the bail of the petitioner was rejected

                   by this Court vide order dated 26.06.2024 passed in Criminal

                   Miscellaneous No.43531 of 2024.

                                  4.        Seven persons are said to have killed the

                   deceased. The petitioner is in custody since 19.12.2023.

                                  5.        Learned counsel for the petitioner has

                   submitted that the prosecution case is falsified by the

                   postmortem report.
            Patna High Court CR. MISC. No.65422 of 2025(5) dt.25-02-2026
                                                        2/2




                                      6.      From the postmortem report, it appears that

                      there is only one injury on the person of the deceased.

                                      7.      Considering the aforesaid fact and also the

                      period of custody of the petitioner, this bail application is

                      allowed.

                                      8.      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

                      the learned Additional Sessions Judge, V, Patna City, Patna /

                      concerned Court below, in connection with Sultanganj P.S. Case

                      No.503 of 2023, subject to the conditions that the petitioner will

                      cooperate in the trial and will appear personally or through his

                      advocate on the date fixed in the trial.

                                      9.      This is also subject to the condition that the

                      petitioner, after being released on bail, is directed to mark his

                      attendance at Sultanganj Police Station, District- Patna on every

                      Sunday and Wednesday of the week. Any default in appearance

                      at the police station will result in cancellation of bail bonds of

                      the petitioner.


                                                                 (Sandeep Kumar, J)

pawan/-
U       T


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