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Patna High Court

Md. Sahnbaz Alam @ Shahnabaz Alam @ Md. Shahanawaz Alam @ Shahanawaz Alam@ Md. Shahnawaz AlamversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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