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Patna High Court

Md. Shahnawaz Alam @ Md. ShahnawazversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was not granted to the petitioner.

Summary

The petitioner, Md. Shahnawaz Alam, applied for regular bail in a case registered under Sections 126(2), 118(2), 103(1) and 3(5) of the B.N.S., alleging that he was falsely implicated in the stabbing of the informant’s son. The petitioner asserted that he has no prior criminal record, has been in custody since 26‑03‑2025, and is willing to cooperate with the trial. The State, represented by the Additional Public Prosecutor, opposed bail on the ground that the petitioner had confessed to the offence and that the murder weapon had been recovered at his instance. The Court examined the confession and the recovery of the weapon as material factors against granting bail. Considering these facts, the Court was not inclined to grant bail and dismissed the bail application. The order reflects the Court’s view that the seriousness of the offence and the petitioner’s admission outweigh the arguments for release.

Issues considered

  • Whether bail should be granted to the petitioner despite his confession and the recovery of the murder weapon

Legislation cited

  • B.N.S. — s. 103(1), 118(2), 126(2), 3(5)

Subjects

  • bail
  • confession
  • murder
  • weapon recovery
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7638 of 2026
                     Arising Out of PS. Case No.-125 Year-2025 Thana- MADHUBANI TOWN District-
                                                       Madhubani
                 ======================================================
                 Md. Shahnawaz Alam @ Md. Shahnawaz S/O Abdul Khair @ Md. Abdul
                 Khair Ansari R/o - Bhauwara (Bhowara), P.S - Town Madhubani, District -
                 Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sanjay Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr.Anand Kishore Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   16-04-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with Town

                   P.S. Case No. 125/2025 registered for the offences punishable

                   under Sections 126(2), 118(2), 103(1), 3(5) of B.N.S.

                                3. As per the prosecution case, the son of the

                   informant was stabbed.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the case. Learned

                   counsel further submits that he has no criminal antecedent and

                   he is in custody since 26.03.2025. The petitioner undertakes to

                   co-operate in the case/ trial.

                                5. Learned APP for the State has opposed the prayer
              Patna High Court CR. MISC. No.7638 of 2026(4) dt.16-04-2026
                                                          2/2




                        for regular bail of the petitioner on the ground that petitioner has

                        confessed his guilt and the murder weapon used in the crime has

                        been recovered at the instance of the petitioner.

                                     6. Considering the aforesaid facts, this Court is not

                        inclined to grant bail to the petitioner.

                                     7. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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