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Patna High Court

Md. AurangjebversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Md. Aurangjeb, applied for regular bail in a case registered under Sections 103(2), 61(2), 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, relating to the shooting death of the informant's brother. The FIR named four unknown assailants; the petitioner was not named, and the only material against him was his presence with co‑accused and a mobile phone location near the crime scene. The petitioner asserted a clean antecedent and had been in custody since 1 July 2025. The State and the informant opposed bail, arguing the seriousness of the offences. The Court, considering the lack of specific overt act, the petitioner’s clean record, and the period of custody, granted regular bail on a bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether regular bail should be granted to a person not named in the FIR but linked only by proximity and association.
  • Whether the nature of the offences under the Bharatiya Nyaya Sanhita and the Arms Act warrants denial of bail despite lack of specific allegation.
  • Whether the petitioner’s clean antecedent and length of pre‑trial detention justify bail.

Legislation cited

Subjects

  • regular bail
  • pre‑trial detention
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • clean antecedent
  • mobile phone location evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7427 of 2026
                      Arising Out of PS. Case No.-87 Year-2025 Thana- NALANDA District- Nalanda
                 ======================================================
                 Md. Aurangjeb S/O Md. Sirajuddin @ Siraj Uddin R/O Vill.- Subjee Bazar,
                 P.s.- Bihar, Dist.- Nalanda.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rudal Singh, Advocate
                 For the Opposite Party/s :      Mr. Ajay Kumar Jha, A.P.P.
                 For the Informant        :      Ms. Vaishnavi Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-02-2026                   Heard learned counsel for the petitioner, informant

                   and learned A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Nalanda P. S. Case No. 87 of 2025 registered for the offences

                   punishable under Sections 103(2), 61(2), 3(5) of the Bharatiya

                   Nyaya Sanhita and Section 27 of the Arms Act.

                                3. As per F.I.R., four unknown miscreants, riding on

                   two motorcycles, shot brother of the informant due to which he

                   died.

                                4. Learned counsel for the petitioner submits that

                   petitioner is not named in the F.I.R. and his name transpired

                   during investigation. Only material that has come against

                   petitioner is that he was seen with other co-accused persons and
              Patna High Court CR. MISC. No.7427 of 2026(2) dt.16-02-2026
                                                          2/2




                        mobile phone location of the petitioner was found near the place

                        of occurrence. There is no allegation of any specific overt act

                        against the petitioner. Petitioner claims clean antecedent and is

                        in custody since 01.07.2025.

                                     5. However, learned A.P.P. for the State as well as

                        learned counsel for the informant vehemently opposed the bail

                        application.

                                     6. Considering the nature of accusation, clean

                        antecedent and period of custody, this bail application is

                        allowed. The petitioner, above named, is directed to be released

                        on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand)

                        with two sureties of the like amount each to the satisfaction of

                        the learned Additional Sessions Judge-XII, Nalanda at

                        Biharsharif in connection with Nalanda P. S. Case No. 87 of

                        2025.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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