Patna High Court
Jimmy @ Md. ShahnawazversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 34, 363, 364, 365
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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