Patna High Court
Shahnawaz Khan @ Mister KhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 27
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
2/3
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
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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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