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Patna High Court

Md. Aadil @ Md. Adil @ Shahbaz AhmadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Md. Aadil, was charged under IPC sections 307 (attempt to murder) and 34 (common intention) and under section 27 of the Arms Act for allegedly firing indiscriminately and injuring an informant. He contended that he was falsely implicated, had no intention to fire at the informant, and possessed no prior criminal record, having been in custody since 28 July 2025. The State opposed his regular bail application. The High Court, noting the six‑month custodial period, the filing of the charge‑sheet, and the petitioner’s clean antecedent, ordered that he be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Additional Chief Judicial Magistrate‑II, Samastipur.

Issues considered

  • Whether regular bail should be granted in a case involving IPC sections 307 and 34 and Arms Act section 27 where the accused has been in custody for six months and has no prior criminal record

Legislation cited

Subjects

  • bail
  • attempt to murder
  • common intention
  • Arms Act
  • regular bail
  • Indian Penal Code
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65438 of 2025
                   Arising Out of PS. Case No.-563 Year-2018 Thana- SAMASTIPUR MUFFASIL District-
                                                        Samastipur
                 ======================================================
                 Md. Aadil @ Md. Adil @ Shahbaz Ahmad S/O Md. Munna Ansari @
                 Mumtaz Ahmad R/O Village- Dharampur, P.S.- Samastipur Town , District -
                 Samastipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Mahendra Pratap, Advocate
                 For the Opposite Party/s :      Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   21-01-2026                  Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Samastipur Muffasil P.S.

                   Case no. 563 of 2018 registered under sections 307 and 34 of

                   the Indian Penal Code and section 27 of the Arms Act.

                                3. As per the prosecution case, the informant states

                   that as a result of indiscriminate firing resorted to by the

                   petitioner and one another, the informant sustained a firearm

                   injury. As such the FIR.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the case. Not accepting the

                   allegations levelled in the FIR, it is stated that even from the

                   statement made therein, though the firing was resorted to by two
           Patna High Court CR. MISC. No.65438 of 2025(3) dt.21-01-2026
                                                       2/2




                     persons, the informant has received one injury. It is further submitted

                     that even as per the allegations, there was no intention on part of the

                     petitioner of firing upon the informant. The petitioner has no criminal

                     antecedent and is in custody since 28.7.2025.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  6. Having heard learned counsel for the parties and

                     taking into consideration the allegation against the petitioner in

                     the FIR, the petitioner having remained in custody for about six

                     months since 28.7.2025, chargesheet having been submitted in

                     the case and specially the petitioner not having any criminal

                     antecedent, the Court directs the petitioner to be enlarged on bail in

                     connection with Samastipur Muffasil P.S. Case no. 563 of 2018 on

                     furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two

                     sureties of the like amount each to the satisfaction of the learned

                     Additional Chief Judicial Magistrate-II, Samastipur.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T


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