Patna High Court
Md. Nashiruddin Sah @ Nashiruddin ShahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioners, directing them to furnish a bond of Rs 10,000 with two sureties each.
Summary
The petitioners, four residents of Chausima Kalyanpur, were implicated in FIR No.315 of 2025 for multiple offences under the Bihar National Security Act, 2023, including assault on police, theft of an INSAS rifle and a sword, and other violent offences. The prosecution alleged that a large mob assaulted police and that the rifle was taken from petitioner No.1 and the sword from petitioner No.2. The petitioners contended they were falsely implicated, highlighted that the seizure list lacked their signatures and was prepared solely by police, and argued that the seizure did not comply with Section 105 of the BNSS and that they had no criminal antecedent. The State opposed bail, citing the seriousness of the charges. After hearing both sides, the Court found the circumstances warranted bail and ordered the petitioners to be released on a bond of Rs 10,000 with two sureties each.
Issues considered
- Whether bail should be granted to the petitioners accused of offences under the Bihar National Security Act, 2023 despite the seriousness of the charges and alleged evidence.
Subjects
- bail
- Bihar National Security Act
- seizure of weapon
- evidence
- criminal procedure
- assault on police
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89448 of 2025
Arising Out of PS. Case No.-315 Year-2025 Thana- RAJAPAKAR District- Vaishali
======================================================
1. Md. Nashiruddin Sah @ Nashiruddin Shah S/o- Late Nasir Shah R/V-
Chausima Kalyanpur PS- Rajapakar Dist- Vaishali
2. Hasin Sah @ Hasim Shah S/o- Kailar Shah @ Kallar Shah R/V- Chausima
Kalyanpur PS- Rajapakar Dist- Vaishali
3. Farakh Shah @ Faruk Shah S/o- Dabal Shah R/V- Chausima Kalyanpur PS-
Rajapakar Dist- Vaishali
4. Allauddin Shah S/o- Kaval Shah R/V- Chausima Kalyanpur PS- Rajapakar
Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioners and Mr. Md.
Mushtaque Alam, learned APP for the State.
2. The petitioners have prayed for bail in connection
with Rajapakar P.S. Case No. 315 of 2025 registered for the
offence punishable under Sections 191(2), 191(3), 190, 115(2),
118(1), 109, 352, 351(2), 132, 121(2), 262, 324(1) of the B.N.S.,
2023.
3. The case of the prosecution in short is that one ice
cream vendor has called the police on 112 and has informed them
that certain persons of the village have taken ice cream from him,
and as he demanded the cash, he was being assaulted. It is further
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alleged that altogether 62 accused persons arrived there, started
assaulting the police party, and in the last part of the FIR, it is
alleged that from the possession of the petitioner no. 1, namely,
Md. Nashiruddin Sah @ Nashiruddin Shah, one INSAS rifle of
police and from Ashish Shah, a sword was recovered.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. Learned counsel for the petitioner submits that in this case,
the chowkidar has identified 62 persons, petitioners are amongst
them, and there is an allegation that petitioner no. 1, namely, Md.
Nashiruddin Sah @ Nashiruddin Shah, has snatched the INSAS
rifle of the police, which was recovered at the place of occurrence
itself, and the sword was recovered from petitioner no. 2, namely,
Hasin Sah. He also submits that from perusal of the seizure list, it
is clear that the seizure list does not bear the signature of the
petitioners. It has also been submitted that all the witnesses of the
seizure list are police personnel, which has no evidentiary value in
the eye of the law. Police have not complied with Section 105 of
the BNSS while making the seizure. He further submits that a
statement has been made in para 3 of the petition that petitioners
have no criminal antecedent and they are languishing in judicial
custody since 07.09.2025.
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5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Vaishali at Hajipur in connection with
Rajapakar P.S. Case No. 315 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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