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Patna High Court

Md. Habibul @ Md. Habibul AhmadversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and conditions.

Summary

The petitioner, Md. Habibul Ahmad, applied for renewal of bail in a case (Laukahi PS Case No.76 of 2024) involving alleged murder under Sections 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act. The trial court had earlier rejected his bail plea on 24.02.2025, but the petitioner argued that the case had progressed, charges were framed, and witnesses examined did not support the prosecution. He also highlighted that a co‑accused, Md. Hajrat, had been granted bail in a similar circumstance. The State opposed the bail, contending the seriousness of the offences. The High Court, noting the lack of criminal antecedent, the non‑supportive witness testimony, and the precedent of bail to the co‑accused, ordered bail on a bond of Rs.10,000 with two sureties and conditions of physical presence in court. The bail order was conditioned on cancellation if the petitioner missed two consecutive court dates without sufficient cause.

Issues considered

  • Whether bail should be granted to the accused in a murder and conspiracy case after charges have been framed and some witnesses examined.
  • Whether the precedent of bail granted to a similarly situated co‑accused influences the decision.

Legislation cited

Subjects

  • bail
  • murder
  • conspiracy
  • Indian Penal Code
  • Arms Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75082 of 2025
                     Arising Out of PS. Case No.-76 Year-2024 Thana- LAUKAHI District- Madhubani
                 ======================================================
                 Md. Habibul @ Md. Habibul Ahmad S/O Md Tajmul Alam @ Mohd Tazimul
                 R/O Mohalla- Auraha, P.s.- Laukahi, Dist.- Madhubani

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State Of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Md. Shah Nawaz Ali, Adv.
                 For the Opposite Party/s :      Mr.Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   16-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The present application has been filed for renewing

                   his prayer for bail in connection with Laukahi P.S. Case No.76

                   of 2024 for the offence under Sections 302 and 120B of Indian

                   Penal Code and Section 27 of the Arms Act.

                                3. The allegation in the F.I.R is that the petitioner

                   along with others killed the husband of the informant.

                                4. Learned counsel for the petitioner has submitted

                   that earlier the prayer of the petitioner has been rejected vide

                   order dated 24.02.2025 in Cr. Misc. No.70822 of 2024. It has

                   further been submitted that now stage of the case has changed

                   and charges have been framed and few witnesses have already

                   been examined, who have not supported the case of the
Patna High Court CR. MISC. No.75082 of 2025(3) dt.16-02-2026
                                            2/3




          prosecution against the petitioner. Further, similarly situated co-

          accused Md. Hajrat has already been granted bail by this Court

          vide order dated 29.07.2025 in Cr. Misc. No. 78722 of 2024

          (Annexure-P/6). Further, petitioner is in custody since

          20.04.2024 with no criminal antecedent and undertakes to co-

          operate in the case/trial.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Taking into consideration the aforesaid facts of the

          case and considering that charges have been framed in the case

          and few witnesses have already been examined, who have not

          supported the case of the prosecution against the petitioner

          coupled with the fact that similarly situated co-accused Md.

          Hajrat has already been granted bail by aforesaid order dated

          29.07.2025, the petitioner having no criminal antecedent, is

          directed to be enlarged on bail in connection with Laukahi P.S.

          Case No.76 of 2024 on furnishing bail bond of Rs.10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned Court below where the

          case is pending/successor Court on the following conditions:-

                       (1) The petitioners shall remain physically present in

          the learned trial Court on each date and shall cooperate in the
              Patna High Court CR. MISC. No.75082 of 2025(3) dt.16-02-2026
                                                          3/3




                        trial. In case the petitioner is absent on the two consecutive

                        dates without sufficient reasons, the learned trial Court would be

                        at liberty to cancel the bail bonds of the petitioner.


                                                  (Soni Shrivastava, J)

harsh/-

U         T


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