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Patna High Court

Md. NehalversusThe State of Bihar

Decided
Disposal
DISMISSED

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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