Patna High Court
Md. Kadir @ Gulam Kadir AhmadversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
In view of the Supreme Court’s ruling in X vs. State of Rajasthan, regular bail could not be granted to the petitioner.
Summary
The petitioner, Md. Kadir, applied for regular bail in a case registered under Sections 302, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act. His earlier bail application had been rejected on 7 March 2025. At the time of the hearing, six of eight prosecution witnesses had already been examined and the petitioner had been in custody since 29 May 2024. The court examined the applicable law, particularly the Supreme Court’s decision in X vs. State of Rajasthan & Anr., 2024 SCC OnLine SC 3539. Relying on that precedent, the judge was not inclined to grant regular bail. Consequently, the bail application was dismissed.
Issues considered
- Whether the petitioner is entitled to regular bail for offences under Sections 302, 120B, 34 IPC and Section 27 Arms Act.
- Whether the Supreme Court precedent X vs. State of Rajasthan & Anr. governs the grant of bail in this case.
- Whether the stage of trial (six of eight witnesses examined) justifies denial of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302, 34
Subjects
- bail
- murder
- conspiracy
- unlawful assembly
- arms act
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87851 of 2025
Arising Out of PS. Case No.-231 Year-2024 Thana- KHAJEKALA District- Patna
======================================================
Md. Kadir @ Gulam Kadir Ahmad S/O Rafi Kawwal @ Rafi Ahmad R/O
Village- Chhoti Bazar Raushan Colony, P.S- Khajekalan, Patna City, Distt.-
Patna- 800008.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jeetendra Narayan
For the Opposite Party/s : Mr. Chandra Bhushan Prasad
Mr. Saurav Anand
Mr. Rohit Ranjan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner. The
petitioner seeks bail in connection with Khajekala P.S. Case No.
231 of 2024 registered for the offence under Sections 302, 120B
and 34 of the Indian Penal Code and Section 27 of the Arms
Act.
3. Earlier the bail application of the petitioner was
rejected on 07.03.2025 in Cr. Misc. No. 11029 of 2025.
4. In the trial, out of eight witnesses, six witnesses
have already been examined. The petitioner in custody since
29.05.2024.
Patna High Court CR. MISC. No.87851 of 2025(2) dt.12-02-2026
2/2
5. In light of the law laid down by the Hon'ble
Supreme Court in X vs. State of Rajasthan & Anr., 2024 SCC
OnLine SC 3539, I am not inclined to grant regular bail to the
petitioner.
6. Accordingly, this application for regular bail is
hereby rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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