Patna High Court
Md Katil Mian @ Katil Ahmad @ Md. KatilversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner subject to bond and attendance conditions.
Summary
The petitioner, Md Katil Mian, was charged under Sections 103(1) and 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act for allegedly opening fire on the informant's husband, resulting in death. The petitioner argued that the FIR specifically implicates only Md Tufail and Md Kapil, with no direct allegation against him, and pointed to a coordinate bench's earlier grant of bail to a similarly situated co‑accused. The State opposed bail, citing six prior criminal cases, although the petitioner had been acquitted in all of them. The court examined the lack of a specific charge against the petitioner and the precedent of bail to the co‑accused, and found no justification to deny bail. Consequently, the court ordered the petitioner’s release on bail with a Rs.10,000 bond and two sureties, subject to attendance conditions.
Issues considered
- Whether bail should be granted when the FIR does not specifically allege the petitioner’s participation in the firing.
- Whether the petitioner’s prior criminal antecedents, despite acquittals, justify denial of bail.
- Whether the grant of bail to a co‑accused in a similar case is determinative for the petitioner’s bail application.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- Arms Act
- murder
- prior acquittal
- precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82294 of 2025
Arising Out of PS. Case No.-651 Year-2025 Thana- MUZAFFARPUR SADAR District-
Muzaffarpur
======================================================
Md Katil Mian @ Katil Ahmad @ Md. Katil Son of Late Md. Yusuf Jaan @
Late Md. Yusuf Mian R/o Village - Majhaulia Khetal, P.S. - Sadar, Dist. -
Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
Mr. Ritvik Thakur, Advocate
Mrs. Vaishnavi Singh, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
For the Informant : Mr. Shambhu Narayan Singh, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered forthe
offence punishable under Sections 103(1) and 3(5) of the
B.N.S., 2023 and section 27 of the Arms Act.
3. As per the prosecution case, it is alleged that on
23.07.2025, all the F.I.R. named accused persons, including this
petitioner, intercepted husband of informant and fired upon him
due to which he died and thereafter, all the accused persons fled
away while firing.
4. Learned counsel for the petitioner submits that
from perusal of First Information Report itself it would be
Patna High Court CR. MISC. No.82294 of 2025(3) dt.18-02-2026
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evident that specific allegation of opening firing is on Md.
Tufail @ Bhuttu and Md. Kapil and there is no specific
accustion of firing upon the petitioner on the deceased. It is
further submitted that similarly situated co-accused person,
namely Md. Akil Ahmad has already been granted bail by a
coordinate Bench of this Court vide order dated 24.11.2025
passed in Cr. Misc. No. 80769 of 2025 and the petitioner is in
custody since 01.08.2025 and charge-sheet has already been
submited.
5. Learned APP for the State and learned counsel for
the informant have opposes the grant of bail on the ground that
the petitioner has six criminal antecedents. However, in
response it has been submitted that petitioner is acquitted in all
the six cases.
6. Taking into consideration the facts and
circumstances and considering the fact that there is no specific
allegation of firing against the petitioner, coupled with the fact
that similarly situated co-accused person has already been
granted bail by a Coordinate Bench of this Court, let the above
named petitioner, be released on bail 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 Chief Judicial
Patna High Court CR. MISC. No.82294 of 2025(3) dt.18-02-2026
3/3
Magistrate, Muzaffarpur, Muzaffarpur/concerned Court below
in connection with Sadar P.S. Case No. 651 of 2025, subject to
condition that:-
(i) The petitioner shall remain physically present in
court on each and every date during trial and in the event of
failure on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
(Soni Shrivastava, J)
Ranjeet/-
U T
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