Created by Fuzzy Cloud

Patna High Court

Mohammad Danish @ Mohammad ArshadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was allowed because the petitioner was not the assailant, no specific overt act was attributed to him, similarly situated co-accused had been granted bail, and he had been in custody since 21.05.2025.

Summary

The petitioner Mohammad Danish @ Mohammad Arshad sought bail in Durgawati P.S. Case No. 150 of 2025 registered under Sections 109, 103 and 3(5) of the B.N.S. and Sections 25(1-b)a, 26 and 27 of the Arms Act. The prosecution alleged that the informant's son Tarkeshwar Paswan was shot dead at Khajura Bazar when occupants of a Baleno car, including the petitioner, opened indiscriminate fire, and that co-accused Md. Nehal shot the deceased while Krishna Paswan was injured. The petitioner argued that he was innocent, that the specific allegation of firing was against Md. Nehal, that he was merely sitting in the car with no overt act, and that the eyewitnesses did not name him as the assailant. He also relied on parity with co-accused who had been granted bail and on his custody since 21.05.2025 and the submission of the charge-sheet. The State opposed the bail prayer. The High Court considered the facts, the petitioner's non-assailant role, parity, and custody period, and allowed the bail prayer. The petitioner was directed to be released on bail on furnishing a bail bond of Rs. 10,000 with two sureties of like amount to the satisfaction of the Additional Sessions Judge-III, Kaimur at Bhabhua.

Issues considered

  • Whether the petitioner is entitled to bail in a case under Sections 109, 103 and 3(5) of the B.N.S. and Sections 25(1-b)a, 26 and 27 of the Arms Act.
  • Whether mere presence in the car without a specific overt act and the absence of naming by eyewitnesses justifies grant of bail.
  • Whether parity with co-accused granted bail and the period of custody support grant of bail.

Legislation cited

Subjects

  • Bail
  • Murder
  • Arms Act
  • Bharatiya Nyaya Sanhita
  • Parity
  • No overt act
  • Custody
  • Charge-sheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.79969 of 2025
                 Arising Out of PS. Case No.-150 Year-2025 Thana- DURGAWATI District- Kaimur (Bhabua)
                 ======================================================
                 Mohammad Danish @ Mohammad Arshad S/o Muhammad Munna @ Md.
                 Munna R/o Village - Ishapur, Mudia Tola (Murgiya Tola), Phulwarisharif, P.S
                 - Phulwarisharif, District - Patna

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :       Mr. Jagjit Roshan, Advocate
                                                  Mr. Anjani Kumar, Advocate
                 For the State            :       Mr. Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   13-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                  2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 109, 103 and 3(5) of the

                   B.N.S. and Sections 25(1-b)a, 26 and 27 of the Arms Act.

                                  3. The prosecution case, in brief, is that informant’s

                   elder son, namely Tarkeshwar Paswan, went to Khajura Bazar

                   with Krishna Paswan and Rishikesh Paswan. After sometime,

                   informant came to know that there was firing at Khajura Bazar

                   and when the informant reached there, he saw his son was lying

                   dead and blood was oozing from his head, leg and hand. Upon

                   inquiry, Rishikesh Paswan told him that one Baleno Car having
Patna High Court CR. MISC. No.79969 of 2025(4) dt.13-02-2026
                                            2/3




          Reg. No. BR06CN-6987 came there in which five persons,

          namely Md. Danish (petitioner), Md. Nehal, Santosh Kumar,

          Afroz and Saheb Paswan, were seated and they made

          indiscriminate firing. Md. Nehal shot Tarkeshwar and in course

          of rescue Krishna Paswan got injured.

                       4. Learned counsel for the petitioner submits that

          petitioner is quite innocent and has committed no offence. From

          bare perusal of the F.I.R. it is apparent that specific accusation

          of causing fire arm injury is against co-accused Md. Nehal. So

          far as this petitioner is concerned, he is only alleged to have

          been seating in the car and no specific accusation of overt act

          has been alleged against him. Even during course of

          investigation, Rishikesh Paswan and Krishna Paswan, who were

          present at the place of occurrence with the deceased and Krishna

          Paswan also got injured in the occurrence, did not name this

          petitioner as the assailant of the deceased. It is further submitted

          that similarly situated co-accused persons have already been

          granted bail by this Hon’ble Court vide order dated 18.11.2025

          passed in Cr. Misc. No. 74478 of 2025 and order dated

          26.11.2025 passed in Cr. Misc. No. 81051 of 2025. Moreover,

          charge-sheet has already been submitted and petitioner is in
             Patna High Court CR. MISC. No.79969 of 2025(4) dt.13-02-2026
                                                         3/3




                       custody since 21.05.2025.

                                    5. Learned A.P.P. for the State has vehemently

                       opposed the prayer for grant of bail to the petitioner.

                                    6. Considering the facts and circumstances of the

                       case, fact that petitioner is not the assailant of the deceased,

                       claim based on parity and period of custody, the prayer for grant

                       of bail to the petitioner is allowed.

                                    7. Accordingly, let the above named petitioner 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 learned Additional Sessions Judge-III, Kaimur at

                       Bhabhua in connection with Durgawati P.S. Case No. 150 of

                       2025.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.