Patna High Court
Md. Sahnbaz Alam @ Shahnabaz Alam @ Md. Shahanawaz Alam @ Shahanawaz Alam@ Md. Shahnawaz AlamversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was dismissed, and the petitioner was not granted bail.
Summary
The petitioner, Md. Sahnbaz Alam, was arrested on 19 August 2024 for allegedly snatching a mobile phone at gunpoint and being linked to a pistol recovered from three persons, leading to charges under Section 309(4) of the Bharatiya Nyaya Sanhita and Sections 25(1‑b)(a), 26 and 35 of the Arms Act. He applied for bail for the second time, arguing that the charge had not yet been framed. The High Court noted the seriousness of the alleged offences and the fact that the charge sheet remained pending, and therefore declined to grant bail. The court upheld its earlier order dismissing the bail application and directed the trial court to frame the charge at the earliest. Consequently, the petitioner remains in custody pending trial.
Issues considered
- Whether bail can be granted when the charge has not been framed under Section 309(4) BNS and the Arms Act provisions.
- Whether the seriousness of the alleged offences justifies denial of bail.
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 35
- Bharatiya Nyaya Sanhita — s. 309(4)
Subjects
- bail
- charge framing
- Arms Act
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87854 of 2025
Arising Out of PS. Case No.-121 Year-2024 Thana- ALIPUR District- Gaya
======================================================
Md. Sahnbaz Alam @ Shahnabaz Alam @ Md. Shahanawaz Alam @
Shahanawaz Alam@ Md. Shahnawaz Alam S/o- Md. Sabir Ansari R/v-
Makhdumpur Ps- Alipur Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh, Adv
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Alipur P.S.Case
No. 121 of 2024 registered for the offence punishable under
Section 309(4) of the BNS and section 25(1-b) (a),26 and 35 of
the Arms Act.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 16.04.2025 passed in Cr. Misc.
No.17879 of 2025 which reads as under:-
“ Heard learned counsel for
the petitioner and learned APP for the
State.
2. The petitioner seeks bail in
connection with Alipur P.S. Case No. 121
Patna High Court CR. MISC. No.87854 of 2025(2) dt.11-02-2026
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of 2024 registered for the offence
punishable under Sections 309(4) of the
Bharatiya Nyaya Sanhita and Sections
25(1-b)a, 26 and 35 of the Arms Act.
3.The mobile phone was
snatched on gun point by unknown
criminals. Two criminals were caught by
the police. The country made pistol and
the looted mobile was recovered from three
persons. The petitioner was caught on the
spot and isin custody since 19.08.2024.
4. Considering the nature of
allegation levelled against the petitioner, I
am not inclined to grant bail to the
petitioner
5. Accordingly, the application
stands dismissed.
6. The Court below is directed to
expedite the trial.”
4. Learned counsel for the petitioner submits that
the charge has not been framed.
5. Considering the gravity of the offence and the fact
that charge has not been framed, I am not inclined to review my
earlier order.
6. Accordingly, the application stands dismissed.
7. The learned trial court is directed to frame charge at
the earliest.
(Sandeep Kumar, J)
N.K/-
U
Patna High Court CR. MISC. No.87854 of 2025(2) dt.11-02-2026
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