Patna High Court

Md. Saif QuarashiversusThe State of Bihar

Decided: 10 April 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Md. Saif Quarashi, was not named in the FIR for a murder and arms offence but was implicated through a co-accused's confessional statement. He was charged under Sections 103(1), 61(2)(a), 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The petitioner applied for regular bail, asserting a clean antecedent, lack of specific allegation against him, and that he had been in custody since 28‑07‑2025. The State opposed the bail, arguing the seriousness of the offences. The Court, considering the nature of the accusation, the petitioner’s clean record and the period of custody, granted bail on a bond of Rs.10,000 with two sureties. The order disposes the bail petition in favour of the petitioner.

Issues considered

Whether bail can be granted to an accused not named in the FIR but implicated through a co‑accused's confession.
Whether the allegations against the petitioner are sufficiently specific to deny bail in a case involving murder and arms offences.

Legislation cited

Arms Act — s. 27
Bharatiya Nyaya Sanhita — s. 103(1), 3(5), 61(2)(a)

Subjects

bail
criminal procedure
murder
arms act
Bharatiya Nyaya Sanhita
clean antecedent
confessional statement
investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85490 of 2025
                      Arising Out of PS. Case No.-60 Year-2025 Thana- PIPRIYA District- Lakhisarai
                 ======================================================
                 Md. Saif Quarashi Son of Md. Mayin Quarashi @ Moin Qwarashi @ Md.
                 Moin Quraishi Resident of Village - Kazi Mohalla Maner, District - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Abhay Shanker Singh, Advocate
                 For the Opposite Party/s :        Mr. Shailendra Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   10-04-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Pipariya P. S. Case No. 60 of 2025 registered for the offences

                   punishable under Sections 103(1)/61(2)(a)/3(5) of the Bharatiya

                   Nyaya Sanhita and Section 27 of the Arms Act.

                                3. As per the prosecution case, when the informant's

                   husband was returning home after participating in the last rituals

                   of the father of Ashok Singh, the co-accused persons along with

                   5-7 unknown miscreants holding weapons fired indiscriminately

                   upon the informant's husband and one Chandan Kumar due to

                   which they died. On hearing the noise of firing, the informant,

                   her brother along with villagers ran towards the spot and saw

                   them firing while fleeing away.
Patna High Court CR. MISC. No.85490 of 2025(3) dt.10-04-2026
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                       4. Learned counsel for the petitioner submits that

          petitioner is not named in the F.I.R. and his name has surfaced

          during the course of investigation of the basis of confessional

          statement of co-accused Rama Kant Singh. Co-accused Dhiraj

          Kumar confessed that he was contracted for killing for

          consideration amount of Rs. 5 lacs and thereafter he was

          accommodated at Mahadeo Cinema with this petitioner. It is

          further submitted that petitioner is not alleged to have

          participated in the alleged occurrence and for the same

          occurrence, two information were given to the police. One by

          the wife of deceased on 1.05.2025 and another by the brother of

          deceased, namely, Chandan Kumar on 19.06.2025 wherein he

          has mentioned that 6-7 unknown persons committed the murder.

          Allegation of assault is general and omnibus and there is no

          allegation of any specific overt act against the petitioner.

          Petitioner claims clean antecedent and is in custody since

          28.7.2025. Charge-sheet has already been submitted.

                       5. However, learned A.P.P. for the State vehemently

          opposed the bail application.

                       6. Considering the nature of accusation, clean

          antecedent and period of custody, this bail application is

          allowed. The petitioner, above named, is directed to be released
              Patna High Court CR. MISC. No.85490 of 2025(3) dt.10-04-2026
                                                          3/3




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

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

                        the learned Chief Judicial Magistrate, Lakhisarai/concerned

                        Judicial Magistrate, 1st Class, Lakhisarai in connection with

                        Pipariya P. S. Case No. 60 of 2025.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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