Patna High Court
Shakib @ Md. Shakib Khan @ Md. Shakib @ Shakib KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
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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
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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
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