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Patna High Court

Md Katil Mian @ Katil Ahmad @ Md. KatilversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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