Patna High Court

Md. Shamshad Alam @ Md. ShamshadversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The court granted regular bail to the petitioner, subject to bond and surety conditions.

Summary

The petitioner, Md. Shamshad Alam, applied for regular bail in a case (Mehsaul P.S. Case No. 135 of 2025) involving offences under several sections of the Bihar Narcotic Substances (BNS) Act. The prosecution alleged that on 30‑08‑2025 the petitioner, along with other accused, ambushed an informant returning from a wedding and caused a severe head injury. The petitioner contended that he was falsely implicated, that the principal assailants were others, and that the injury was only simple. The informant’s counsel objected, claiming the bail petition omitted other cases, which the petitioner’s counsel denied. After considering the facts, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to cooperation with the trial.

Issues considered

Whether the petitioner is entitled to regular bail despite the serious nature of the offences under the BNS Act.
Whether the petitioner’s alleged involvement in the assault warrants denial of bail.
Whether the omission of other cases in the bail petition constitutes concealment.

Legislation cited

Bihar Narcotic Substances Act — s. 109, 115(2), 118, 126, 3(5), 351(2), 352

Subjects

bail
regular bail
Bihar Narcotic Substances Act
assault
simple injury
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7775 of 2026
                       Arising Out of PS. Case No.-135 Year-2025 Thana- Mehsoul District- Sitamarhi
                 ======================================================
                 Md. Shamshad Alam @ Md. Shamshad S/O Late Nazir @ Nazeer Ahmad
                 Resident of Village- Mehsaul East, Mehsaukl @ Rampur Lakshmi, P.S.-
                 Mehsaul, Dist.- Sitamarhi.                            ... ... Petitioner/s
                                                 Versus
                 The State of Bihar                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashok Kumar Jha
                 For the State            :        Mr. Rajendra Prasad Nat
                 For the Informant        :        Mr. Pushpendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   17-02-2026                     Learned counsel for the petitioner is permitted to make

                   necessary correction in paragraph 3 of the bail petition in course of

                   day.

                                   2. Heard learned counsel for the petitioner as well as

                   learned APP for the State.

                                    3. In this case, the petitioner is seeking regular bail in

                   connection with Mehsaul P.S. Case No. 135 of 2025, registered for

                   the offences punishable under Sections 126, 115(2), 118, 109, 352,

                   351(2), 3(5) of the BNS Act.

                                    4. As per the prosecution case, on 30.08.2025, while

                   returning from a wedding ceremony, the informant was ambushed by

                   all FIR named accused persons including this petitioner. They

                   assaulted him for refusing to settle a prior case, resulting in severe

                   head injury inflicted by the co-accused persons.

                                    5. The learned counsel for the petitioner has submitted
             Patna High Court CR. MISC. No.7775 of 2026(2) dt.17-02-2026
                                                         2/2




                       that the petitioner is innocent and has falsely been implicated in the

                       present. The specific allegation of inflicting assault is against Md.

                       Sahanwaj @ Munna and Jakaullah @ Moti. The petitioner is not the

                       main assailant. It has further been submitted that more so, injury was

                       found to be simple in nature. The petitioner is in custody since

                       25.11.2025.

                                      6. On the other hand, the learned counsel for the

                       informant has opposed the prayer for bail by submitting that the

                       petitioner has mentioned only one case in paragraph no. 3 of the bail

                       petition to which learned counsel for the petitioner replied that he did

                       not conceal any case rather that case has been mentioned in the FIR

                       itself.

                                       7.   Considering        the   above-mentioned   facts   and

                       circumstances, let the petitioner above-named be released on bail on

                       furnishing bail bonds of Rs.10,000/- with two sureties of the like

                       amount each to the satisfaction of learned C.J.M., Sitamarhi in

                       connection with Mehsaul P.S. Case No. 135 of 2025, subject to the

                       condition that the petitioner shall cooperate in the disposal of trial

                       and make himself available as and when required by the court.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

U      T

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