Created by Fuzzy Cloud

Patna High Court

Shakib @ Md. Shakib Khan @ Md. Shakib @ Shakib KhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that in view of the petitioner’s clean antecedents, lack of substantive evidence linking him to the offence and the general nature of the accusation, anticipatory bail should be granted subject to conditions under Section 482(2).

Summary

The petitioner, Shakib Khan, sought anticipatory bail fearing arrest in a case registered under Sections 103(2), 61(2) and 3(5) of the B.N.S. and Section 27 of the Arms Act for the alleged shooting of an informant’s brother. The prosecution’s case is that four unknown persons on motorcycles committed the murder, and the petitioner’s name appears only in a co‑accused’s confessional statement and a CCTV frame showing him with one of the accused; he is not named in the FIR. The petitioner asserted his innocence, clean antecedents and lack of substantive material linking him to the offence. The State and the informant opposed the bail. Considering the petitioner’s clean record, the general and omnibus nature of the accusation and the paucity of evidence, the court granted anticipatory bail subject to a bail‑bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail can be granted when the petitioner is not named in the FIR but is implicated only through a co‑accused’s statement and CCTV footage.
  • Whether the material evidence is sufficient to deny bail.
  • Whether the petitioner’s clean antecedents justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • clean antecedents
  • B.N.S. provisions
  • Arms Act
  • CCTV evidence
  • FIR
  • bail bond
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81818 of 2025
                       Arising Out of PS. Case No.-87 Year-2025 Thana- NALANDA District- Nalanda
                 ======================================================
                 Shakib @ Md. Shakib Khan @ Md. Shakib @ Shakib Khan S/o Md. Saghirul
                 Hasan R/o Mohalla - Kona Sarai, P.S - Laheri, P.O and Town - Biharsharif,
                 District - Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :       Mr. Ravi Raj, Advocate

                 For the Opposite Party/s :       Mr. Jagdhar Prasad , APP

                 For informant            :       Mrs. Vaishanavi Singh, Advocate

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   09-02-2026                      Heard learned counsel appearing on behalf of the

                   petitioner, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant.

                                 2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 103(2),

                   61(2) and 3(5) of the B.N.S. and Section 27 of the Arms Act.

                                 3 . The prosecution case, in brief, is that four

                   unknown persons, riding on two motorcycles, shot brother of

                   informant due to which he died.

                                 4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.81818 of 2025(4) dt.09-02-2026
                                            2/3




          committed no offence . Petitioner is not named in the F.I.R..

          Name of petitioner transpired in this case during course of

          investigation only in the confessional statement of co-accused

          person and the only material that has come against this

          petitioner is that prior to the alleged occurrence , this petitioner

          was seen in the CCTV footage with one of the co-accused

          persons. Save and except the same, there is no material on

          record to show the complicity of this petitioner in the alleged

          offence. Petitioner claims clean antecedents.

                       5. Learned A.P.P. for the State and learned counsel for

          the informant have vehemently opposed the prayer for grant of

          anticipatory bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case , general and omnibus nature of accusation and clean

          antecedents of the petitioner,the prayer for grant of anticipatory

          bail to the petitioner is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged 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 Judicial Magistrate-1st Class,

          Bihar Sharif, Nalanda in connection with Nalanda P.S. Case No.
            Patna High Court CR. MISC. No.81818 of 2025(4) dt.09-02-2026
                                                        3/3




                      87 of 2025 , subject to condition as laid down under Section

                      482(2) of the B.N.S.S..



                                            (Prabhat Kumar Singh, J)
Koushik/-

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.