Patna High Court
Sk. Feroz @ Sk. FirozversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petition for regular bail was dismissed as the nature and gravity of the offences preclude its grant.
Summary
The petitioner, Sk. Feroz, was charged under sections 103(1) and 3(5) of the BNS and section 27 of the Arms Act for allegedly firing at the brother of an informant, resulting in the victim’s death. An FIR was lodged on 7 July 2025 and the petitioner was taken into custody on 8 July 2025. He applied for regular bail, arguing that he was entitled to liberty pending trial. The High Court examined the seriousness of the offences, the material evidence and the gravity of the alleged crime. Considering the nature of the accusation and the seriousness of the offences, the Court rejected the bail application. However, the Court directed the trial court to expedite the trial and conclude it within one year of receipt of the order.
Issues considered
- Whether the petitioner is entitled to regular bail under the circumstances of the case
- Whether the nature and gravity of the offences under sections 103(1), 3(5) of BNS and 27 of the Arms Act preclude the grant of bail
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- homicide
- trial expedite
- serious offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89439 of 2025
Arising Out of PS. Case No.-167 Year-2025 Thana- AMDABAD District- Katihar
======================================================
Sk. Feroz @ Sk. Firoz Son of Sukruddin Resident of Village- Naya Tola
Govindpur, P.S.- Amdabad, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Opposite Party/s : Mr. Pranav Kumar , APP
For informant : Mr. Anil Kumar Mishra, Advocate
Mr. Ravi Prakash Dwivedi , Advocate
Mr. Bimal Kumar , Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 13-05-2026 Heard learned counsel for the petitioner and the
State.
2. Petitioner seeks bail in a case registered for the
offence punishable under sections 103 (1) and 3 (5) of BNS and
27 of Arms Act.
3. As per F.I.R. on 07.07.2025 , this petitioner fired
upon brother of informant, as a result of which, he sustained
firearms injury and died during treatment.
4. Considering the nature of accusation, materials
available on record and gravity of offence , prayer for regular
bail of the petitioner is rejected. However, since petitioners are
in custody since 08.07.2025 , learned Trial Court is directed to
Patna High Court CR. MISC. No.89439 of 2025(4) dt.13-05-2026
2/2
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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