Patna High Court
Pir MohammadversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted to the petitioner.
Summary
Pir Mohammad was charged in a 2015 case for offences including unlawful assembly, rioting, criminal intimidation, kidnapping and murder, as well as illegal possession of arms. The prosecution alleged that he, along with others, fired a carbine at the deceased, causing fatal injuries. The petitioner claimed innocence, arguing that only a general and omnibus allegation existed against him and that he had been in custody since July 31, 2025. The State opposed bail, highlighting his alleged gang affiliation and five prior criminal records, including two murder cases. Considering the seriousness of the offences, the gang context, and his antecedents, the High Court refused to grant regular bail and dismissed the application.
Issues considered
- Whether the petitioner is entitled to regular bail despite the gravity of the offences under Sections 147, 148, 149, 452, 307, 302 IPC and Section 27 Arms Act
- Whether the presence of serious criminal antecedents and alleged gang involvement justifies denial of bail under Section 439 CrPC
Legislation cited
- Arms Act — s. 27
- Criminal Procedure Code — s. 439
- Indian Penal Code — s. 147, 148, 149, 302, 307, 452
Subjects
- bail
- criminal antecedents
- gang affiliation
- IPC
- Arms Act
- serious offences
- regular bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8965 of 2026
Arising Out of PS. Case No.-46 Year-2015 Thana- SIWAN CITY District- Siwan
======================================================
Pir Mohammad S/O Md. Islam @ Islam Miya Resident of Mohalla-
Laxmipur, P.S- Siwan Town, District- Siwan
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Md Ansiur Rahman, Adv.
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 12-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Siwan Town P.S. Case No. 46 of 2015 registered for the offence
under Sections 147, 148, 149, 452 & 307 of I.P.C. amended
Section 302 of I.P.C. read with Section 27 of Arms Act.
3. As per the prosecution case, the deceased was fired
upon by Rais Khan with carbine which hit in the leg and
stomach. Other accused persons including the petitioner are also
said to have fired.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. The
petitioner is in custody since 31.07.2025. Learned counsel
submits that there is general and omnibus allegation against the
petitioner, hence, he deserves bail.
Patna High Court CR. MISC. No.8965 of 2026(5) dt.12-05-2026
2/2
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail and submitted that the petitioner
appears to be a gang member of one Rais Khan. Carbine and
other weapons have been used to kill the deceased. The
petitioner has five criminal antecedents which includes two
cases of murder.
6. Having considered the facts and circumstances of
the case, the nature and gravity of offence as well as the
criminal antecedents of the petitioner, this Court is not inclined
to grant bail to the petitioner.
7. Accordingly, this application for regular bail is
hereby dismissed.
(Sandeep Kumar, J)
sadique/-
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