Patna High Court

Md.ArshadversusThe State of Bihar

Decided: 16 January 2026
Disposal: BAIL REJECTED
Bench: ANSHUMAN

Holding

Bail was denied as the court was not inclined to grant it in view of the direct allegation of a gun‑shot.

Summary

The petitioner, Md. Arshad, was charged under IPC sections 302, 504, 506/34 and Section 27 of the Arms Act for a case arising from an alleged gun‑shot incident. He has been in custody since 25 July 2020 and his bail applications were rejected three times earlier. The petitioner argued that the trial had progressed little, with no witnesses examined despite a charge‑sheet listing six witnesses. The State opposed bail, noting the seriousness of the offence and the lack of witness production. The High Court, observing the direct allegation of a gun‑shot and the pending investigation, refused bail and ordered the police to produce all witnesses within three months and report back.

Issues considered

Whether bail should be granted to the petitioner despite the seriousness of the offences and the absence of witness examination.

Legislation cited

Arms Act — s. 27
Indian Penal Code — s. 302, 34, 504, 506

Subjects

bail
IPC
Arms Act
serious offence
witness production
trial delay
non‑bailable offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72576 of 2025
                       Arising Out of PS. Case No.-412 Year-2020 Thana- ALAMGANJ District- Patna
                 ======================================================
                 Md.Arshad S/o Late Md. Isha @ Md. RAji @ Md. Razi Resident of mohalla
                 Chand Colony, P.S.- Alamganj, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Arvind Kumar Pradhan, Adv.
                 For the Opposite Party/s :       Mr. Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   16-01-2026                      Heard Learned Counsel for the petitioner and

                   Learned A.P.P. for the State.

                                2. The petitioner seeks regular bail in connection with

                   S.Tr. No.280 of 2021 arising out of Alamganj P.S. Case No.412

                   of 2020 lodged under Sections 302, 504, 506/34 of the IPC read

                   with Section 27 of the Arms Act pending before the Court of

                   A.D.J.-1st, Patna City.

                               3. Learned counsel for the petitioner submits that the

                  bail application of the petitioner has earlier been rejected three

                  times vide orders dated 04.11.2022, 20.03.2024 and 26.03.2025

                  passed in Cr. Misc. Nos.36506 of 2022, 70331 of 2023 and

                  87887 of 2024.

                                4. Learned counsel for the petitioner further submits

                   that the petitioner is in custody since 25.07.2020 and charge-
Patna High Court CR. MISC. No.72576 of 2025(3) dt.16-01-2026
                                            2/3




          sheet has already been filed, but till date, not a single witness

          has been examined. He further submits that progress of the trial

          has been called for.

                       5. Learned counsel for the State opposes the prayer

          for bail and submits that progress report has been called for. In

          the report, it has been intimated that there are 6 charge-sheet

          witnesses, but not a single witness has been taken for evidence.

                       6. It has been intimated by the Trial Court that for

          evidence of witnesses, summons, bailable warrant, non-bailable

          warrant as well as service report from the S.S.P. have been

          called for, but not a single witness has been produced before the

          Trial Court.

                       7. In the present facts and circumstances of this case

          and the submissions made above, this Court is not inclined to

          grant bail to the petitioner as there is direct allegation of gun

          shot against him. Therefore, the bail application of the petitioner

          is hereby rejected.

                       8. However, the Senior Superintendent of Police,

          Patna is hereby directed to do the needful by way of instructing

          the SHO and the I.O. of this case to adduce all the witnesses for

          examination/ cross-examination within the said period of 3

          months and submit a report in this regard before this Court .
           Patna High Court CR. MISC. No.72576 of 2025(3) dt.16-01-2026
                                                       3/3




                                  9. Registry is directed to communicate this order

                     through E-mail, Whatsapp and any other mode forthwith to the

                     Senior Superintendent of Police, Patna. Registry is further

                     directed to hand over a copy of this order to learned A.P.P. who

                     shall communicate this order to the Senior Superintendent of

                     Police, Patna at his level.



                                                              (Dr. Anshuman, J)
Prakashmani/-

U      T

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