Md. Najish @ AjjuversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87771 of 2025
                       Arising Out of PS. Case No.-87 Year-2025 Thana- NALANDA District- Nalanda
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                 Md. Najish @ Ajju S/O Late Jahid Hussain @ Md. Jahid Hussain R/O Vill. -
                 Khankah, Nabab Toli Kohna Sarai, P.S - Laheri,P.S- Laheri,Dist- Nalanda
                                                                             ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rudal Singh, Advocate
                 For the State            :       Mr. Jai Narain Thakur, APP
                 For the Informant        :       Ms. Vaishnavi Singh, Advocate
                                                  Mr. Ritwik Thakur, Advocate
                                                  Mr. Pranshu, Advocate
                                                  Mr. Midit Meet, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   20-02-2026                   Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Sessions Trial no. 979 of

                   2025 arising out of Nalanda P.S. Case no. 87 of 2025 registered

                   under sections 103(2), 61(2) and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023 and section 27 of the Arms Act, 1959.

                                 3. As per the prosecution case, the informant states

                   that as a result of indiscriminate firing resorted to by four

                   unknown accused persons on two motorcycles, her husband was

                   seriously injured and died in course of treatment. As such the

                   FIR.

                                 4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.87771 of 2025(3) dt.20-02-2026
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          petitioner has been falsely implicated in the case because of enmity

          and village politics between the parties. The only material against the

          petitioner is the confessional statement of a co-accused made before

          police. No incriminating article has been recovered from the

          petitioner’s possession nor has he been identified in the T.I. Parade.

          The petitioner who is in custody since 1.7.2025 has no criminal

          antecedent. Chargesheet has been submitted in the case.

                       5. The application for bail is opposed by learned APP

          for the State and learned counsel for the informant. It is

          submitted by learned counsel for the informant that substantial

          material has transpired against the petitioner who as a result of

          previous enmity had hired the shooters to give effect to the

          occurrence. In the raids conducted, four accused persons

          including the shooters were arrested from the house of the sister

          of the petitioner. Learned counsel further submits that once the

          petitioner is enlarged on bail, he will not permit the trial to

          proceed. As such the application for bail be rejected.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegations in the FIR, the material

          that has transpired in course of investigation, there being no

          allegation of direct overt act against the petitioner, grant of bail

          to co-accused Md. Danish vide order dated 12.2.2026 passed in
           Patna High Court CR. MISC. No.87771 of 2025(3) dt.20-02-2026
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                     Cr. Misc. no. 87678 of 2025 and Samir vide order dated

                     15.1.2026 passed in Cr. Misc. no. 80861 of 2025 together with

                     the petitioner having remained in custody for seven months

                     since 1.7.2025 and not having any criminal antecedent, the Court

                     directs the petitioner to be enlarged on bail in connection with

                     Sessions Trial no. 979 of 2025 arising out of Nalanda P.S. Case no.

                     87 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten

                     Thousand) with two sureties of the like amount each to the

                     satisfaction of the learned Additional Sessions Judge-XII, Nalanda

                     at Biharsharif on the following conditions:

                                  (i) The petitioner shall remain physically present in

                     Court on each date of the trial and shall cooperate in the trial.

                                  (ii) In case the petitioner is absent on any single date

                     for reasons not to the satisfaction of the learned trial Court or

                     the learned trial Court is of the opinion that the trial is being

                     delayed due to non-cooperation on part of the petitioner, the

                     learned trial Court may cancel the bail bond of the petitioner

                     and take him into custody till conclusion of the trial.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T