Patna High Court

Md. Danish @ Danish @ Sadab @ Md ShadabversusThe State of Bihar

Decided: 19 March 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The court held that bail could not be granted and dismissed the application.

Summary

The petitioner, Md Danish, was charged with murder for shooting the deceased after a dispute over goods, under Sections 109, 3(5) of the BNS and Sections 25(1-b)(a), 35, 27 of the Arms Act, with Section 103(1) later added. He has been in custody since 22 May 2025. The petitioner applied for bail, arguing that he is the assailant but seeking release pending trial. The prosecution highlighted the seriousness of the offences, including the use of a firearm and the death of the victim. The court, considering the grave nature of the allegations, was not inclined to grant bail. Consequently, the bail application was dismissed.

Issues considered

Whether bail should be granted to the accused under Sections 109, 3(5) of the BNS and the relevant sections of the Arms Act
Whether the seriousness of the alleged murder and use of a firearm preclude the grant of bail

Legislation cited

Arms Act — s. 25(1-b)(a), 27, 35
BNS — s. 103(1), 109, 25(1-b)(a), 27, 3(5), 35

Subjects

bail
murder
arms act
criminal procedure
grant of bail
court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84881 of 2025
                       Arising Out of PS. Case No.-56 Year-2025 Thana- BOKHRA District- Sitamarhi
                 ======================================================
                 Md. Danish @ Danish @ Sadab @ Md Shadab S/O Md. Mustaque @ Md
                 Mostak Resident of Village- Sahroll, P.S.- Benipatti, District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Vikash Kumar Jha
                 For the Opposite Party/s :        Mr.Meena Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   19-03-2026                    Heard the parties.

                                2. The petitioner seeks bail in connection with Bokhra

                   P.S. Case No. 56 of 2025 registered for the offence under

                   Sections 109, 3(5) of the BNS, under Section 25(1-b)(a), 35, 27

                   of the Arms Act. Later Section 103(1) of the BNS was also

                   added.

                                3. As per the prosecution case, the petitioner went to

                   the Kirana Shop of the deceased and demanded Kirana items for

                   free. When the deceased denied to give the same, the petitioner

                   shot the deceased and because of the same the deceased died

                   during treatment.

                                4. The petitioner is in custody since 22.05.2025 and

                   he is the assailant of the deceased.
          Patna High Court CR. MISC. No.84881 of 2025(5) dt.19-03-2026
                                                      2/2




                                  5. In view of the allegations levelled against the

                    petitioner, this Court is not inclined to grant bail to the

                    petitioner.

                                  6. Accordingly, this application stands dismissed.



                                                               (Sandeep Kumar, J)
Vikas/-

U

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