Patna High Court
Md. SabbirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
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
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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
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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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