Patna High Court
Md. Kamruddin @ Makra @ KamruddinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner subject to bond and conditions.
Summary
The petitioner, Md. Kamruddin, was charged under Sections 132, 109, 317(4) and 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑b)a, 26 and 27 of the Arms Act for allegedly firing at a police vehicle during a vehicle check on 13‑09‑2024, after which police returned fire and injured him. The petitioner claimed he was falsely implicated, asserted that no police officer was injured, and argued that the prosecution case was fabricated. He had been in custody since 27‑08‑2024 and possessed twelve prior criminal antecedents. The State opposed bail, but the court, considering the circumstances and length of custody, decided to grant bail. The bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and a requirement to appear at every trial date.
Issues considered
- Whether the petitioner is entitled to bail despite being charged with serious offences under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the prosecution evidence sufficiently establishes the commission of the alleged offences.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 132, 317(4), 317(5)
Subjects
- bail
- criminal procedure
- Arms Act
- Bharatiya Nyaya Sanhita
- false implication
- police encounter
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 86085 of 2025
Arising Out of PS. Case No.-112 Year-2024 Thana- Panapur District- Muzaffarpur
======================================================
Md. Kamruddin @ Makra @ Kamruddin Son of Rasul Miya R/O Village -
Sherna, P.S.- Kanti, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Vaishnavi Singh, Advocate
For the Opposite Party/s : Mr.Ajay Kumar Jha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Panapur
Kariyat P.S. Case No. 112 of 2024, instituted for the offences
under Sections 132, 109, 317(4) and 317(5) of the Bharatiya
Nyaya Sanhita, 2023 and Section 25(1-b)a, 26 and 27 of the
Arms Act.
3. Prosecution case, in short, is that on 13.09.2024,
while informant being Police Officer was engaged in vehicle
checking, in the meantime, he saw a person was coming on
motorcycle. When Police personnel signaled him to stop then he
started firing which hit the body of the Police vehicle. On
retaliation, Police personnel also fired which hit the knee of
Patna High Court CR. MISC. No. 86085 of 2025(2) dt.15-01-2026
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both legs of petitioner. Thereafter, on search, one pistol and
cartridges were found from the possession of the petitioner.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Learned counsel further submitted that no occurrence as alleged
by the prosecution has taken place and only with a view to save
their own skin, the prosecution party lodged the present false
case. In fact, petitioner has sustained gunshot injury by the
Police party. Charge-sheet has been submitted in this case. No
Police men sustained any injury. Hence, no offence under
Sections 317(5) 132 or 109 of the Bharatiya Nyaya Sanhita,
2023 is made out. It has been submitted on behalf of the
petitioner that the petitioner is in custody since 27.08.2024 and
has twelve criminal antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
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the like amount each to the satisfaction of Court
below/concerned Court in connection with Panapur Kariyat
P.S. Case No. 112 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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