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Patna High Court

Md. SabbirversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners were granted bail because they are not named as the assailants in the FIR and their prior arms‑related convictions do not bar bail, subject to bond and surety conditions.

Summary

The petitioners, Md. Sabbir and Md. Naushad, applied for regular bail in a case involving alleged offences under several sections of the BNS and Section 27 of the Arms Act. The FIR described a shooting incident on 19 April 2024 where several co‑accused opened fire on the informant’s family, but the petitioners’ names do not appear as the assailants. The State opposed bail, arguing that the petitioners possessed the firearms used and have prior convictions under the Arms Act. The petitioners’ counsel contended that they are not the shooters and have been in custody since November 2024. The court noted that the FIR specifically names the actual shooters and that the petitioners were only linked to the provision of arms, not the act of firing. Consequently, the court ordered their release on bail subject to a bond of Rs 10,000 with two sureties and standard bail conditions.

Issues considered

  • Whether the petitioners are entitled to regular bail despite being charged under the BNS and Arms Act.
  • Whether prior convictions for providing arms preclude the grant of bail.
  • Whether the petitioners are identified as the actual assailants in the FIR.

Legislation cited

  • Arms Act — s. 27
  • BNS — s. 109, 126(2), 127(2), 35, 61(2)

Subjects

  • regular bail
  • Arms Act
  • criminal antecedents
  • FIR
  • bail conditions
  • non‑assailant

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85091 of 2025
                         Arising Out of PS. Case No.-297 Year-2024 Thana- PIPRA District- Supaul
                 ======================================================
           1.     Md. Sabbir S/o Md. Majir R/o Village- Lalpur, Ward No 3, P.S.-
                  Singheshwar, Distt- Madhepura
           2.    Md. Naushad S/o Md. Mubarak R/o Vill- Kajra, Ward No. 10, P.S.-
                 Shankarpur, Distt- Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s         :         Mr. S.M.Ashraf
                                                        Ms. Homa Yunus
                                                        S.Shaheen Ashraf
                                                        Mr.Rana Hason
                 For the State                :         Mr. J.N.Thakur, APP
                 For the Informant                      Mrs. Meena Singh
                                                        Mr. Saket Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   23-02-2026                            Heard the learned counsel for the parties.

                            2. This is an application for regular bail on behalf of the

                   petitioners          for       the    offences    alleged     under       Sections

                   126(2),127(2), 109, 61(2) and 35) of the BNS and Section 27

                   of the Arms Act, registered in connection with Pipra P.S.Case

                   No. 297 of 2024/S.T.No. 314/2025.

                                 3. As per the FIR, on 19.04.2024 at about 4.00 pm,

                   the informant with his family members was returning from

                   Supaul on two motor-cycles. The first motor-cycle was being

                   driven by the informant with his brother Pawan being pillion
Patna High Court CR. MISC. No.85091 of 2025(4) dt.23-02-2026
                                            2/3




          rider. Another motor-cycle was being driven by Lalan Sah

          (brother of the informant) and on this motor-cycle the father and

          uncle of the informant were sitting. When they reached near

          Kataiya-Thumha, co-accused Govind Sah, Manish Kumar,

          Narayan Sah, Ranjan Sah, Manoj Sah, Shashi Suman @ Vicky

          along with 4-5 unknown surrounded them. Co-accused Govind

          Sah fired at Lalan Sah on his cheek. Co-accused Manish Kumar

          fired at Lalan Sah in his chest. Co-accused Shashi Suman fired

          at the shoulder of Lalan Sah and co-accused Ranjan Sah fired at

          Mahendra Sah on his left hand. Co-accused Manish Shah fired

          at Yogendra Sah on his shoulder. Narayan Sah fired at Yogendra

          Sah on his leg.

                       4. The learned counsel for the petitioners has

          submitted that the persons who opened fire on the injured

          persons, have specifically been named in the FIR. The

          petitioners are not the assailants which transpires from the FIR

          itself. The petitioners are in custody since 20.11.2024.

                       5. On the other hand the learned counsel for the

          informant as well as the learned APP for the State have opposed

          the prayer for bail by submitting that the arms of the petitioners

          were used and they have been convicted in separate cases

          registered under the Arms Act. It is further submitted that the
           Patna High Court CR. MISC. No.85091 of 2025(4) dt.23-02-2026
                                                       3/3




                     petitioners are the persons of criminal antecedents.

                                  6. So far as the submission of the learned APP for the

                     State is concerned, the petitioners have been punished for their

                     guilt of providing arms. They are not the assailants. The names

                     of the assailants have specifically been mentioned in the FIR.

                                   7. Considering the above facts and circumstances of

                     the case, let the petitioners, above-named, be released on bail

                     on furnishing bail bond of Rs. 10,000/-(ten thousand) each

                     with two sureties of the like amount each to the satisfaction of

                     learned Additional Sessions Judge-1, Supaul in connection with

                     Pipra P.S.Case No. 297 of 2024, S.T.No. 314/2025, subject to

                     the conditions that the petitioners shall cooperate in the disposal

                     of trial and make themselves available as and when required by

                     the court.


                                          (Nawneet Kumar Pandey, J)

HR/-

U      T


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