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Patna High Court

Md. AslamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • Arms Act — s. 25(1-B)(a), 26, 27, 35
  • B.N.S. — s. 109, 111, 121, 121(1), 125(A), 310(4), 310(5)

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
                                                       3/3




                     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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