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Patna High Court

MD. EZAZ AIYUBI @ EZAZ AIYUBIversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that regular bail must be denied as the allegations are serious and prima facie evidence exists against the petitioners.

Summary

The petitioners, Md. Pappu, Md. Jhaban, and Md. Inam, applied for regular bail in connection with a dacoity case (Ashthawan PS Case No. 253 of 2025) involving alleged robbery of cash and jewellery. The offences alleged include murder under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023 and violations of Sections 25(1‑b)a, 26 and 35 of the Arms Act. The informant identified the accused during a TIP and the co‑accused’s statements implicated them, establishing prima facie material of a serious and grave nature. The High Court examined whether the seriousness of the charges and the existence of prima facie evidence justified the grant of regular bail. Concluding that the allegations were serious and the evidence sufficient to warrant custody, the Court declined to grant regular bail and rejected the applications. The order is limited to these bail applications and does not prejudice the petitioners’ case at later stages.

Issues considered

  • Whether regular bail can be granted to the accused in a dacoity case involving murder and arms offences given the seriousness of the allegations.
  • Whether the existence of prima facie evidence and identification by the informant precludes the grant of bail.

Legislation cited

Subjects

  • regular bail
  • dacoity
  • murder
  • Arms Act
  • prima facie evidence
  • bail denial

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.88661 of 2025
                    Arising Out of PS. Case No.-253 Year-2025 Thana- ASHTHAWAN District- Nalanda
                 ======================================================
           1.     Md. Pappu S/O Md. Isrul Resident of Village- Ghosbari, P.S- Bakhtiyarpur,
                  District- Patna.
           2.    Md. Jhaban S/O Md. Salim Resident of Village- Ghosbari, P.S-
                 Bakhtiyarpur, District- Patna.
           3.    Md. Inam @ Bhota S/O Noor Mohammad Resident of Village- Singraul,
                 P.S- Nimachak Bathani, District- Gaya.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                                                        with
                            CRIMINAL MISCELLANEOUS No. 87968 of 2025
                    Arising Out of PS. Case No.-253 Year-2025 Thana- ASHTHAWAN District- Nalanda
                 ======================================================
                 Md. Ezaz Aiyubi @ Ezaz Aiyubi Son Of Yunus Bawarchi @ Yunus Aiyubi
                 R/O Village - Mohani, P.S.- Asthawan, District - Nalanda.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 88661 of 2025)
                 For the Petitioner/s     : Mr. Sheo Kumar Prasad
                 For the Opposite Party/s : Mr. Aditya Narayan Singh.1
                 (In CRIMINAL MISCELLANEOUS No. 87968 of 2025)
                 For the Petitioner/s     : Mr. Raj Kishor Prasad
                 For the Opposite Party/s : Mr. Nirmal Kumar Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   26-03-2026                 These cases arise out of the same P.S. Case i.e.,

                   Ashthawan P.S. Case No. 253 of 2025; therefore, they are being

                   heard together and disposed of by a common order.

                               2. Heard the learned counsel for the petitioners and
Patna High Court CR. MISC. No.88661 of 2025(4) dt.26-03-2026
                                            2/3




          learned APP for the State.

                       3. The petitioners seek regular bail in connection with

          Asthawan P.S. Case No. 253 of 2025 registered for the offence

          under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023 and

          Sections 25(1-b)a 26 and 35 of the Arms Act.

                       4. There is an allegation against six unknown persons

          who entered the house of the informant, tied the mouths and

          hands of all family members, committed dacoity, and took away

          cash amounting to Rs. 3,50,000/- and gold and silver ornaments

          worth Rs. 4,50,000/-.

                       5. The petitioners of Cr. Misc. No. 88661 of 2025 are

          in custody since 19.08.2025 whereas the petitioner of Cr. Misc.

          No. 87968 of 2025 is in custody since 24.07.2025. The name of

          the petitioners have come in the self-inculpatory statement of

          the co-accused. The informant has identified the accused namely

          Md. Jhaban, Md. Alam, Md Furkan @ Pandit, Pappu Bakho

          during the TIP.

                       6. The allegations against the petitioners are serious

          and grave in nature. There exists prima facie material against the

          petitioners indicating their involvement in the commission of

          the offence.

                       7. Considering the allegations levelled against these
            Patna High Court CR. MISC. No.88661 of 2025(4) dt.26-03-2026
                                                        3/3




                      petitioners, this Court is not inclined to grant regular bail to the

                      petitioners.

                                   8. Accordingly, these applications for regular bail

                      stand rejected.

                                   9. It is, however, clarified that the observations made

                      herein are limited to the adjudication of the present applications

                      and shall not prejudice the case of the petitioners at any

                      subsequent stage of the proceedings.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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