Patna High Court
Md. Azharuddin @ DulamversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted due to the nature and gravity of the alleged murder offence.
Summary
The petitioners – Akash Giri, Md Azharuddin and Amgir Mukhiya – applied for anticipatory bail in connection with Barharia Police Station Case No 421 of 2024, which involves alleged murder under Sections 103(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The prosecution alleges that the accused shot and killed the deceased, with five gunshot injuries found on the body. The Patna High Court, after hearing counsel, held that given the seriousness and gravity of the alleged offences, anticipatory bail could not be granted. Consequently, the applications for anticipatory bail were dismissed and the petitioners were ordered to surrender within four weeks and seek regular bail, failing which the police would be directed to arrest them. The order is limited to these applications and does not prejudice any later stage of the criminal proceedings.
Issues considered
- Whether anticipatory bail should be granted to the accused in a murder case involving firearms under Sections 103(3) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(3), 3(5)
Subjects
- anticipatory bail
- murder
- firearms
- bail jurisprudence
- Bharatiya Nyaya Sanhita
- Arms Act
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72696 of 2025
Arising Out of PS. Case No.-421 Year-2024 Thana- BARHARIA District- Siwan
======================================================
Akash Giri @ Akash Kumar Giri S/O Late Bijay Giri @ Vijay Giri Resident
of Village - Madhopur, P.S. - Barharia, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 73248 of 2025
Arising Out of PS. Case No.-421 Year-2024 Thana- BARHARIA District- Siwan
======================================================
Md. Azharuddin @ Dulam S/o Md. Nasruddin @ Nashruddin R/o Village-
Nawalpur Badi Takiya, P.S.- Siwan Town, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 76999 of 2025
Arising Out of PS. Case No.-421 Year-2024 Thana- BARHARIA District- Siwan
======================================================
Amgir Mukhiya @ Alamgir Mukhiya @ Alamgir @ Aamgeer Mukhiya Son
of Late Maruf Miya Resident of Village- Gausi Hata, P.S.- Barharia, District-
Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 72696 of 2025)
For the Petitioner/s : Mr. Bijay Prakash Singh
For the Opposite Party/s : Mr. Ram Anurag Singh
(In CRIMINAL MISCELLANEOUS No. 73248 of 2025)
For the Petitioner/s : Mr. Bijay Prakash Singh
For the Opposite Party/s : Mr. Ram Anurag Singh
(In CRIMINAL MISCELLANEOUS No. 76999 of 2025)
For the Petitioner/s : Mr. Bijay Prakash Singh
For the Opposite Party/s : Mr. Humayou Ahmad Khan
======================================================
Patna High Court CR. MISC. No.72696 of 2025(3) dt.21-01-2026
2/3
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 21-01-2026 These cases are arising out of the same P.S. Case i.e.,
Barharia P.S. Case No. 421 of 2024; therefore, with the consent
of the parties, they are being heard together and are being
decided by a common order.
2. Heard the learned counsel for the petitioners and
the learned counsel for the State.
3. The petitioners apprehend arrest in connection with
Barharia P.S. Case No 421 of 2024 registered for offences under
Sections 103(3) & 3(5) of the Bharatiya Nyaya Sanhita, 2023
and Section 27 of the Arms Act.
4. As per the prosecution case, the accused persons
are said to have shot and killed the deceased. There are five
gunshot injuries on the dead body of the deceased.
5. Considering the nature and the gravity of the
offence, this Court is not inclined to grant the anticipatory bail
to the petitioners.
6. Accordingly, these applications are dismissed.
7. The petitioners are directed to surrender in the court
below within a period of four weeks from today and seek
regular bail, if so advised, failing which the Superintendent of
Police, Siwan will take all steps for the arrest of the petitioners.
Patna High Court CR. MISC. No.72696 of 2025(3) dt.21-01-2026
3/3
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present applications
and shall not prejudice the case of the petitioners at any
subsequent stage of the proceedings.
9. Let a copy of this order be communicated to the
Superintendent of Police, Siwan through FAX for its compliance
forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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