Patna High Court

Md. Ekram @ Afzal @ Mohammad Ekram AhmadversusThe State of Bihar

Decided: 16 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that bail could not be granted and dismissed the petition for regular bail.

Summary

The petitioner, Md. Ekram, was charged with murder, robbery and attempt to murder under Sections 302, 307 and 379 of the IPC for allegedly participating in a mob assault that led to the death of an informant. The petitioner applied for regular bail, arguing that the FIR only implicates him in a knife assault and that he could not have been part of the larger mob. The prosecution, represented by the State, opposed bail, noting that statements under Section 313 of the CrPC have been recorded and the trial is nearing its conclusion. The court observed that the seriousness of the offences and the advanced stage of the trial warranted denial of bail. Consequently, the bail petition was rejected, but the trial court was directed to complete the trial within one year.

Issues considered

Whether the petitioner is entitled to regular bail in a murder and robbery case at the final stage of trial.

Legislation cited

Code of Criminal Procedure, 1973 — s. 313
Indian Penal Code — s. 302, 307, 379

Subjects

bail
murder
robbery
IPC
CrPC
trial expeditious

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8824 of 2026
                      Arising Out of PS. Case No.-595 Year-2022 Thana- BAHERA District- Darbhanga
                 ======================================================
                 Md. Ekram @ Afzal @ Mohammad Ekram Ahmad S/O Md. Shabbir @ Md.
                 Shabbir Ahmad Resident of Village - Badarbanna, Police Station- Bahera,
                 District- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashi Ranjan Kumar , Advocate
                 For the Opposite Party/s :       Mr. Shahabuddin Azeem @ S. Azeem , APP
                 For informant            :       Mr. Pankaj Kumar Jha, Advocate
                                                  Mr. Vijay Kishore Bharti , Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-02-2026                      Heard learned counsel for the petitioner, informant

                   and learned A.P.Ps. for the State .

                                2. The petitioner seeks bail in a case registered for

                   offence under Sections             307, 379, 302 and other ancillary

                   sections of IPC .

                                3 . As per prosecution case, on 10.11.2022 around 8

                   O’clock in the night informant was returning to his village on

                   his pick up van . When he reached near Sri Ram Pur Hat Gachi,

                   he was surrounded by 14 persons including this petitioner. All of

                   them pulled informant out of van and tied his feet and hands

                   with rope . Co-accused Kamarul Hasan, this petitioner and

                   others assaulted informant with knife causing him injuries on
Patna High Court CR. MISC. No.8824 of 2026(2) dt.16-02-2026
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          the hands and legs. Thereafter, co-accused sarfaraj , Md. Kapil

          @ Goorsa, Md. Tajuddin , Perwez, Md. Salvi, Jahira Bano,

          Jarina Khatun , Md. Sohrab and this petitioner assaulted him

          with iron rod and lathi. Informant received multiple injuries on

          his head, shoulder and other parts of his body and became

          unconscious. Injured died of injuries during treatment.

                       4. Learned counsel for petitioner submitted that from

          bare perusal of the F.I.R. it is apparent that this petitioner and

          other co-accused persons are only alleged to have assaulted the

          informant with knife. It appears highly improbable that

          petitioner may have joined unlawful mob of 14 persons and

          assaulted the informant/deceased. Petitioner is in custody since

          25.07.2024 .

                       5 . Learned counsel Mr. Pankaj Kumar Jha appearing

          for informant opposed the bail and submitted that statement of

          accused persons has been recorded under section 313 of Cr. PC

          and the evidence of the prosecution and defence has been closed

          and the trial is on the verge of conclusion .

                        6. Considering the fact that trial is at its fag end,

          materials available on record and other circumstances of the

          case, the prayer of petitioner for regular bail is rejected.

          However, since petitioner is in custody since        25.07.2024 ,
            Patna High Court CR. MISC. No.8824 of 2026(2) dt.16-02-2026
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                      learned Trial Court is directed to expedite and conclude the trial,

                      within the period of one year from the date of receipt/production

                      of copy of this order.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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