Patna High Court
Haider AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5)
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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