Patna High Court
Md. NehalversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail could not be granted to the petitioner and dismissed the bail application.
Summary
The petitioner, Md. Nehal, applied for regular bail in a case registered under Sections 109, 103(1), 61 and 3(5) of the B.N.S. and Sections 25(1-b)a, 26 and 27 of the Arms Act, alleging that he was falsely implicated. The prosecution alleged that the petitioner was the assailant of the deceased and highlighted his fourteen prior criminal antecedents, including dacoity and extortion, for which he is already on bail. The petitioner’s counsel argued that he would cooperate with the trial and sought bail despite his custody since 10.05.2025. The Additional Public Prosecutor opposed the bail on the ground of the seriousness of the offences and the petitioner’s criminal history. The Court, after considering the allegations and antecedents, declined to grant bail and dismissed the application.
Issues considered
- Whether bail should be granted to the petitioner in view of the serious nature of the offences under the B.N.S. and Arms Act and his extensive criminal antecedents
Legislation cited
Subjects
- bail
- criminal antecedents
- serious offences
- Arms Act
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77991 of 2025
Arising Out of PS. Case No.-150 Year-2025 Thana- DURGAWATI District- Kaimur (Bhabua)
======================================================
Md. Nehal S/O Md. Kallu R/O Vill.- Mudiya Tola Ishapur, Old Masjid, P.S.-
Phulwari Sharif, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar, Advocate
For the Opposite Party/s : Mr.Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 21-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Durgawati P.S. Case No. 150/2025 registered for the offences
punishable under Sections 109, 103(1), 61 and 3(5) of B.N.S.
and Sections 25(1-b)a, 26 and 27 of Arms Act.
3. As per the prosecution case, petitioner is the
assailant of the deceased.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further submits that he has fourteen criminal
antecedents which includes cases of dacoity and extortion in
which he is on bail and he is in custody since 10.05.2025. The
petitioner undertakes to co-operate in the case/ trial.
Patna High Court CR. MISC. No.77991 of 2025(6) dt.21-04-2026
2/2
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the allegations and criminal
antecedents of the petitioner, 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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