Patna High Court
Md. Kasim @ Md. Kasim AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to bond and conditions.
Summary
The petitioner, Md. Kasim, was arrested in connection with a robbery and shooting incident and charged under Section 309(4) of the Indian Penal Code and Sections 25(1‑B)a, 26, 27 and 35 of the Arms Act. The prosecution alleged that the accused, along with another person, robbed an informant of cash and were found with a pistol and ammunition after a motorcycle accident, though the cash was not recovered. The petitioner, who has been in custody since 10 September 2025 and claims no prior criminal record, argued that he was falsely implicated, that the informant did not identify the shooter, and that no weapon was recovered from his possession; he also pointed out non‑compliance with Section 103 of the BNSS, 2023. The State opposed bail. Considering the length of custody, the submission of the charge sheet, and the lack of direct evidence against the petitioner, the Court granted bail subject to a bond of Rs. 15,000 with two sureties and conditions of appearance. The bail order includes provisions for cancellation if the petitioner defaults on two consecutive court dates.
Issues considered
- Whether bail should be granted to the accused under IPC Section 309(4) and the Arms Act charges.
- Whether the prosecution evidence is sufficient to justify denial of bail.
- Whether non‑compliance with Section 103 of the BNSS, 2023, affects the bail decision.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 27, 35
- Indian Penal Code — s. 309(4)
Subjects
- bail
- criminal procedure
- Arms Act
- Indian Penal Code
- false implication
- charge sheet
- custody
- Section 103 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77627 of 2025
Arising Out of PS. Case No.-269 Year-2025 Thana- JOKIHAT District- Araria
======================================================
Md. Kasim @ Md. Kasim Ali S/o Md. Kaiyum @ Kaiyum Sah R/o Village-
Joravarganj, P.S.- Kumarkhand, District- Madhepura (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aatish Kumar, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 03-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Jokihat
P.S. Case No. 269 of 2025 instituted for the offence under
Section 309(4) of the Indian Penal Code and Sections 25(1-B)a,
26, 27 & 35 of the Arms Act.
3. The prosecution case, in brief, is that on
13.08.2025 the informant, while transporting iron rods and
returning with Rs. 3,02,200/- in cash, was intercepted near
‘Kesarra’ River by two unknown motorcyclists who fired upon
him causing injury to his leg and looted the said cash. It is
alleged that the accused Md. Shahabuddin @ Sharad and Md.
Kasim (petitioner) were apprehended by local people near
Patna High Court CR. MISC. No.77627 of 2025(3) dt.03-02-2026
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Charghariya Chowk after their motorcycle met with an accident,
from whose possession a pistol, country-made firearm, live
cartridges and a mobile phone were recovered, though the
looted cash could not be recovered.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 10.09.2025. Petitioner
bears no criminal antecedent, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Informant has not identified as to who has fired the shot
while fleeing away. Nothing has been recovered from the
conscious possession of the petitioner. There is no compliance
of Section 103 of the BNSS, 2023. Charge sheet has already
been submitted in this case.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner and charge sheet
being submitted, this Court is inclined to grant bail to the
petitioner.
8. Let the petitioner be released on bail, after framing
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of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Fifteen Thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Jokihat P.S. Case No. 269 of 2025, subject to
the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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