Patna High Court
Md. AslamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The petitioner is entitled to bail subject to a bond of Rs. 10,000, two sureties, and conditions regarding verification of antecedents and cooperation with the trial.
Summary
The petitioner, Md. Aslam, was arrested in connection with a police‑firing incident in which six alleged miscreants were seized and one co‑accused, Babar, was killed. He is charged under several sections of the B.N.S. and the Arms Act for alleged conspiracy, attempt to murder and illegal possession of arms. The petitioner contended that he was merely traveling to his relatives’ home, had no knowledge of the vehicle used by the accused, and was apprehended solely on suspicion, while other co‑accused had already been granted bail. The State opposed bail, citing the seriousness of the offences. The Court, after considering the facts, granted bail on a bond of Rs. 10,000 with two sureties, subject to verification of the petitioner’s criminal antecedents and his cooperation with the trial.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under Sections 111, 310(4), 310(5), 109, 121, 121(1), 125(A) of the B.N.S. and Sections 25(1‑B)(a), 26, 27 and 35 of the Arms Act.
- Whether the arrest on the basis of mere suspicion justifies denial of bail.
- Whether the seriousness of the alleged offences and the police‑firing incident preclude the grant of bail.
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- B.N.S.
- suspicion
- police firing
- serious offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8755 of 2026
Arising Out of PS. Case No.-374 Year-2024 Thana- AMAUR District- Purnia
======================================================
Md. Aslam S/o Md. Rahid Alam R/o Village - Dhanpura, P.S - Kochadhaman,
District - Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijendra Kumar Singh
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 16-02-2026 Heard learned counsel for the parties.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections-111, 310(4), 310(5), 109,
121, 121(1), 125(A) of B.N.S. and Section 25(1-B)(a), 26, 27
and 35 of the Arms Act.
3. Prosecution case in short is that on the
confidential information, the informant came to know that the
notorious absconder criminal Md. Adil @ Babar @ Papad is
conspiring to execute an occurrence and on this, the
Superintendent of Police, Purnea, constituted a team and
proceeded to the place of occurrence. It is further alleged that a
Scorpio was seen coming and while the police signalled the
vehicle to stop, the criminals on the vehicle got down and
Patna High Court CR. MISC. No.8755 of 2026(2) dt.16-02-2026
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started opening fire. The police caught six miscreants and one
miscreant, Babar was found lying dead.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and he has falsely been implicated
in this case. It has further been submitted that the petitioner was
going to his relatives’ home and was not aware about the vehicle
by which the miscreants/co-accused persons were travelling and
they were intercepted by the police. The police apprehended the
petitioner merely on the basis of suspicion. Other co-accused
persons have been granted bail by a coordinate Bench of this
Court or by this Court.
5. Learned APP for the State has opposed the
prayer for bail.
6. According to allegation, there was exchange of
firing between the police and the accused persons, but not a
single police personnel suffered any kind of injury.
7. Considering the aforesaid facts and
circumstances, let the petitioner named above, be released on
bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
District and Additional Sessions Judge-3rd, Purnea in
connection with Amour P.S. Case No. 374 of 2024/S.T.No.
Patna High Court CR. MISC. No.8755 of 2026(2) dt.16-02-2026
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148/2025, subject to the condition that the petitioner shall
cooperate in the disposal of trial and make himself available as
and when required by the court.
8. Before accepting the bail bond, the criminal
antecedents of the petitioner shall be verified, and if the
petitioner is found involved in any other case, except the
cases mentioned in para-3 of this bail petition, his bail bond
shall not be accepted.
(Nawneet Kumar Pandey, J)
HR/-
U T
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