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Patna High Court

Md. Kadir @ Gulam Kadir AhmadversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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