Created by Fuzzy Cloud

Patna High Court

Md. Rashid @ DavidversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied as the court was not inclined to enlarge the petitioner on bail given the serious nature of the allegations and his criminal antecedents.

Summary

The petitioner, Md. Rashid @ David, was arrested in connection with a violent encounter in which miscreants fired on police and attempted to flee to Nepal. He is charged under IPC sections 353, 307, 332, 333, 412, 414 and Arms Act sections 25(1‑b)a, 26, 27, 35, with the prosecution alleging possession of a carbine, cash and other loot. The petitioner contended that he is innocent, the evidence was planted, and that he has been in custody since June 2023 without trial. The State highlighted his alleged criminal antecedents, the injuries to police vehicles, and the recovery of weapons and cash as proof of his involvement. The court, considering the seriousness of the offences, the alleged threat to public safety and the petitioner’s prior record, refused bail, directing the trial court to expedite the trial and ensure witness production.

Issues considered

  • Whether bail should be granted to the petitioner given the nature of the offences and the evidence against him
  • Whether the petitioner’s prior criminal antecedents justify denial of bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • IPC
  • Arms Act
  • serious offences
  • prior criminal record
  • trial delay

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73863 of 2025
                   Arising Out of PS. Case No.-121 Year-2023 Thana- SIWAIPATTI District- Muzaffarpur
                 ======================================================
                 Md. Rashid @ David Son of Md. Ajfar, Resident of village - Thikahi, P.S.-
                 Hatuhouri, District - Muzaffarpur.
                                                                           ... ... Petitioner
                                                    Versus
                 The State of Bihar
                                                                    ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sheo Kumar Prasad, Advocate
                 For the Opposite Party/s :       Ms. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   07-01-2026                     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                   2. In the present case, the petitioner seeks bail in

                   connection with STR No. 176 of 2024, arising out of Siwaipatti

                   P.S. Case No. 121 of 2023 dated 14.06.2023, registered for the

                   offences punishable under Sections 353, 307, 332, 333, 412 and

                   414 of the Indian Penal Code and Sections 25(1-b)a, 26, 27 and

                   35 of the Arms Act.

                                   3. As per the prosecution case, police received

                   information about assembly of criminals of Kanti P.S. Case No.

                   407 of 2023 in a litchi orchard. The police surrounded the place

                   and apprehended the co-accused persons. Five miscreants

                   including this petitioner fled away from the spot and Kanti P.S.

                   Case No. 442 of 2023 was registered under Sections 489A,

                   489B, 489C, 489D and 489E of the IPC and Sections 25(1-b)a,
Patna High Court CR. MISC. No.73863 of 2025(3) dt.07-01-2026
                                            2/4




          26 and 35 of the Arms Act and Sections 8, 20B, 11C, 22 and 34

          of the NDPS Act. Further, information was received about the

          petitioner and other co-accused persons trying to flee away to

          Nepal. A team was constituted and police laid a siege at certain

          identified place on the basis of tower location of mobile phones

          of miscreants. The vehicle of the miscreants was signalled to

          stop, but the miscreants indiscriminately fired upon the police

          party. However, their vehicle got stuck due to blockade by the

          police vehicle and the miscreants tried to run away on foot. In

          exchange of fire, some of them received injuries including this

          petitioner, who was apprehended carrying a carbine with eight

          live cartridges. Other co-accused persons were also apprehended

          with different fire-arms and ammunition. A recovery of Rs.

          9,32,250/- along with a laptop was made form the vehicle of the

          petitioner.

                          4. Learned counsel appearing on behalf of the

          petitioner submits that petitioner is innocent and he has falsely

          been implicated in the present case. No occurrence in the

          manner as alleged has ever taken place. The petitioner has been

          implicated due to his criminal antecedent. The recovery is

          planted. No police personnel received any injuries and only the

          petitioner and other co-accused persons have received injuries in
Patna High Court CR. MISC. No.73863 of 2025(3) dt.07-01-2026
                                            3/4




          the firing. Charges have been framed on 23.05.2025, but till date

          trial has not been concluded. There is no likelihood of early

          conclusion of trial and pettioner is in custody since 15.06.2023.

                          5. Learned A.P.P. appearing on behalf of the State

          vehemently opposes the submissions made on behalf of the

          petitioner and submits that the petitioner is a veteran criminal

          and carries antecedent of 10 cases of serious nature. The police

          vehicle were indiscriminately fired upon by the miscreants and a

          number of holes on police vehicles bear testimony of this firing.

          The petitioner was apprehended carrying a sophisticated

          weapon and further recovery of the looted cash and other

          articles were made from their vehicle. All the miscreants were

          carrying fire-arms and they were apprehended with fire-arms

          and magazines etc.

                          6. Having regard to the nature of allegation against

          the petitioner, I am not inclined to enlarge the petitioner on bail

          and hence, his prayer for bail is rejected.

                          7. A report has been called for in this case from the

          learned trial Court about the present stage of trial and likely

          time for its conclusion and in the report, the learned trial Court

          has submitted that the original case record had been called for in

          the Court of learned Additional Sessions Judge-III, Muzaffarpur
          Patna High Court CR. MISC. No.73863 of 2025(3) dt.07-01-2026
                                                      4/4




                    on 07.10.2025 and thereafter, the record has not been returned to

                    it. Learned trial Court has further submitted that it expects to

                    conclude the trial in next six months after receiving the record

                    from the Court learned Additional Sessions Judge-III,

                    Muzaffarpur, if both parties co-operate and prosecution

                    produces witnesses on each and every date.

                                    8. The learned Principal District and Sessions

                    Judge, Muzaffarpur is directed to ensure that the case record is

                    assigned to the Court concerned immediately, if not required by

                    any other Court and the Senior Superintendent of Police,

                    Muzaffarpur is directed to ensure production of witnesses who

                    are all official witnesses, as submitted by the learned trial Court,

                    on each and every date fixed by the learned trial Court for

                    prosecution evidence. It is expected that the learned trial Court

                    will conclude the trial in the time frame submitted by it.



                                                             (Arun Kumar Jha, J)

Shahnawaz/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.