Patna High Court
Md. NasimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner upon furnishing a bail bond and two sureties.
Summary
The petitioner, Md. Nasim, was arrested in connection with a case where police alleged that unknown assailants fired bullets and threw a bomb, injuring a police officer. He was charged under IPC sections 307, 353 and 34, the Arms Act section 27 and the Explosive Substances Act sections 3 and 4. The petitioner contended that the FIR was lodged against unknown persons and that his name appeared only in a co-accused's confessional statement, asserting false implication due to his antecedents. He had been in custody since 26 July 2025, a period of six months, while the chargesheet had already been filed. The court noted that similarly situated co-accused had been granted bail and considered the material gathered during investigation. Accordingly, the court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with serious offences including attempt to murder and possession of arms and explosives.
- Whether the presence of the petitioner's name in a co-accused's confessional statement and the six‑month custodial period justify denial of bail.
Legislation cited
- Arms Act — s. 27
- Explosive Substances Act — s. 3, 4
- Indian Penal Code — s. 307, 34, 353
Subjects
- regular bail
- IPC
- attempt to murder
- Arms Act
- Explosive Substances Act
- false implication
- co-accused
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8123 of 2026
Arising Out of PS. Case No.-12 Year-2024 Thana- KOCHADHAMAN District- Kishanganj
======================================================
Md. Nasim Son of Md. Jahiruddin R/o Pirgachhi, P.S. - Angarh Hat, Dist. -
Purnea, State - Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisu Zzoha, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 17-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Kochadhaman P.S. Case
no.12 of 2024 registered under sections 307, 353 and 34 of the
Indian Penal Code, section 27 of the Arms Act and section 3/4
of the Explosive Substances Act.
3. As per the prosecution case, on the police personnel
reaching the place of occurrence, it is stated that unknown
accused persons fired bullet and threw bomb upon the police
personnel, as a result of which one of the police personnel was
injured.
4. Learned counsel for the petitioner submits that the
the FIR was registered against unknown. He has been falsely
implicated in the case because of his antecedents. Referring to
the order of the learned Court below wherein the material that
Patna High Court CR. MISC. No.8123 of 2026(2) dt.17-02-2026
2/2
has transpired in course of investigation has been dealt with, it
is stated that the name of the petitioner transpired in the
confessional statement of co-accused made before police. The
allegations are general and omnibus in nature and a number of
coaccused have been enlarged on bail vide orders contained in
Annexure- 3 series. The petitioner is in custody since 26.7.2025
and undertakes to cooperate in the investigation/trial.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking
into consideration the allegations against the petitioner in the F.I.R.,
the material that has transpired in course of investigation as
discussed in the order of the learned Court below, grant of bail to the
similarly situated coaccused vide order contained in Annexure-3
series, the petitioner having remained in custody for 6 months since
26.7.2025 and chargesheet having been submitted in the case, the
Court directs the petitioner to be enlarged on bail in connection with
Kochadhaman P.S. Case no.12 of 2024 on furnishing bail bond of
Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Sessions Judge,
Kishanganj.
Bibhash (Partha Sarthy, J)
U T
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