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Patna High Court

Haider AliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the nature of the accusation, the period of custody and the submission of the charge‑sheet, the petitioner is entitled to regular bail.

Summary

Haider Ali was arrested in connection with a case arising from a clash during a cricket match, where co‑accused allegedly fired at the informant's husband, resulting in his death. The petitioner is alleged to have fired in the air and faces charges under Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. He has been in custody since 15 July 2025 and a charge‑sheet has already been filed. The petitioner sought regular bail, arguing that no specific overt act was attributed to him. The court considered the nature of the accusation, the length of custody, and the filing of the charge‑sheet, and concluded that bail was appropriate. Accordingly, the court ordered his release on a bail bond of Rs 10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged against co‑accused
  • Whether the lack of a specific allegation of an overt act against the petitioner justifies bail

Legislation cited

Subjects

  • bail
  • regular bail
  • criminal procedure
  • Arms Act
  • homicide
  • charge-sheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7891 of 2026
                       Arising Out of PS. Case No.-537 Year-2025 Thana- MASAUDHI District- Patna
                 ======================================================
                 Haider Ali Son of Muzaffar Alam @ Sukhu Resident of village- Sonkukra,
                 Sonkukra, PS- Masaurhi, Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jay Karn, Advocate
                 For the Opposite Party/s :       Mr. Choubey Jawahar, A.P.P.
                 For the Informant        :       Mr. Jitendra Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-02-2026                   Heard learned counsel for the petitioner, informant

                   and learned A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Masaurhi P. S. Case No. 537 of 2025 registered for the offences

                   punishable under Sections 103(1), 3(5) of the Bharatiya Nyaya

                   Sanhita and Section 27 of the Arms Act.

                                3. As per prosecution case, during cricket match, a

                   clash occurred between two groups due to decision of umpire

                   wherein it is alleged that the accused persons assaulted husband

                   of the informant and others. Co-accused Rohit Patel and Sukesh

                   fired on the chest of the husband of informant and and this

                   petitioner and co-accused Roshan Kumar are alleged to have

                   fired in the air. The villagers took the husband of the informant
              Patna High Court CR. MISC. No.7891 of 2026(2) dt.16-02-2026
                                                          2/2




                        to the hospital where the doctor declared him dead.

                                     4. Learned counsel for the petitioner submits that it is

                        specific case of the informant that co-accused Rohit Patel and

                        Sukesh fired upon the husband of informant as a result of which,

                        he died. There is no allegation of any specific overt act against

                        the petitioner. Charge-sheet has already been submitted.

                        Petitioner is in custody since 15.07.2025.

                                     5. However, learned A.P.P. for the State as well as

                        learned counsel for the informant vehemently opposed the bail

                        application.

                                     6. Considering the nature of accusation, period of

                        custody and the fact that charge-sheet has been submitted, this

                        bail application is allowed. The petitioner, above named, is

                        directed to be released on bail on furnishing bail bond of Rs.

                        10,000/- (Ten thousand) with two sureties of the like amount

                        each to the satisfaction of the learned Additional Chief Judicial

                        Magistrate 1st, Masaurhi in connection with Masaurhi P. S. Case

                        No. 537 of 2025.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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