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Patna High Court

Shahnawaz Khan @ Mister KhanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner with conditions.

Summary

Shahnawaz Khan petitioned for regular bail in a case alleging his involvement in an attempted kidnapping and shooting of the informant's son on 18 June 2025, charged under Sections 126(2), 115(2), 109(1), 352, 351, 3(5) of the Bihar Penal Code and Section 27 of the Arms Act. The FIR was lodged two days after the incident, and the prosecution claimed the petitioner fired a weapon, while the defence argued that the seized arms showed no discharge and that the incident was politically motivated. The State highlighted the petitioner’s three prior criminal cases and the seriousness of the allegations, opposing bail. The court examined the delay in FIR filing, the lack of forensic proof of firing, and the petitioner’s custody since 2 July 2025. Considering the circumstances, the court granted bail on a bond of Rs.10,000 with two sureties and conditions of cooperation and presence in court.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the offences and his criminal antecedent
  • Whether the delay in filing the FIR and lack of forensic evidence on the seized arms affect the bail decision
  • Whether the political motive alleged by the defence influences the bail grant

Legislation cited

Subjects

  • regular bail
  • kidnapping
  • attempted murder
  • arms possession
  • FIR delay
  • criminal antecedent
  • Bihar Penal Code
  • Arms Act
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72006 of 2025
                      Arising Out of PS. Case No.-312 Year-2025 Thana- DARAUNDA District- Siwan
                 ======================================================
                 Shahnawaz Khan @ Mister Khan S/o Late Hasmuddin Khan R/o Village-
                 Muslim Tola Rajanpura, P.S.- Daraundha, Distt.- Siwan

                                                                                   ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Ms. Kumari Anupam, Advocate
                 For the Informant       :       Mr. Arbind Kumar Singh, Advocate
                 For the State           :       Mr. Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   05-01-2026                  Heard learned counsel for the petitioner, learned counsel

                   for the Informant and learned APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 109(1), 352, 351 & 3(5) of the BNS and under Section 27

                   of the Arms Act.

                                3. The case of the prosecution, in short, is that on

                   18.06.2025 at about 07:00 P.M., informant’s son Noor Mohammad

                   went to general store of Khalid for buying some articles. The

                   informant also went there for buying articles. At the same time, the

                   petitioner along with others attempted to kidnap the informant’s

                   son. It is alleged that the petitioner was having firearm in his hand.

                   It is alleged that he has fired at the son of the informant.

                                4. Learned counsel for the petitioner submits that from
Patna High Court CR. MISC. No.72006 of 2025(3) dt.05-01-2026
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          perusal of the FIR it is clear that the occurrence is of 18.06.2025

          whereas the FIR has been lodged on 20.06.2025. It has also been

          submitted that regarding this occurrence one case was also filed

          regarding seizure of the arms and from the examination of these

          arms it has been found that no firing has been made from these

          arms whereas local persons have disclosed that this arms belong to

          the petitioner. Learned counsel for the petitioner has submitted that

          from perusal of the order of the learned trial court it is clear that

          the son of the informant has suffered following injuries :-

                          (i) Firearm injury, two entry wound present on
                          left side of abdomen of sixe (a) ½” X ½” X
                          deep to peritoneum, (b) ½” X ½” X deep to
                          peritoneum
                          (ii) Entry and exit wound on left arm size (a)
                          entry wound 1/3” X 1/3” X deep to muscle, (b)
                          exit wound 1/3” X 1/3”.
                          (iii) Lacerated wound on back of the head of
                          size ½” X ¼” X deep to scalp.
                       5. Learned counsel for the petitioner has submitted that

          the occurrence was committed for not voting to one Murshid Khan

          and during course of investigation police has found no materials

          against Murshid Khan. Learned counsel for the petitioner has

          submitted that the petitioner is languishing in judicial custody

          since 02.07.2025.

                       6. Learned counsel for the State is present and he has

          vehemently opposed the bail application of the petitioner and has
            Patna High Court CR. MISC. No.72006 of 2025(3) dt.05-01-2026
                                                        3/3




                      submitted that the petitioner is having criminal antecedent of three

                      cases and there is specific allegation against the petitioner.

                                   7. Considering the aforesaid facts and circumstances of

                      the case, this court is inclined to enlarge the petitioner on bail with

                      the condition that one of the bailors shall be near relative and

                      petitioner shall co-operate in the trial and shall be present in the

                      trial court whenever required. The above named petitioner is

                      directed to be released on bail in connection with Daraunda (M.H.

                      Nagar) P.S. Case No. 312 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned ACJM- VI, Siwan.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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