Patna High Court
JAHID SULEMANI @ ZAHID SULMANIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Jahid Sulemani, applied for bail in a case involving offences under Sections 109, 103, 3(5) and 61 of the Bihar Narcotic Substances Act and Sections 25(1‑b)a, 26 and 27 of the Arms Act. The incident concerned indiscriminate firing at Khajura Bazar that resulted in the death of Tarkeshwar Paswan and injuries to others. The petitioner was not named in the FIR; his alleged involvement emerged only from a confessional statement of co‑accused Afroz, who had already been granted bail. Counsel argued that the petitioner is innocent, not the assailant, and has been in custody since 3 September 2025, invoking parity and the length of detention. The State opposed bail, but the Court, after considering the facts and the petitioner’s lack of direct accusation, allowed the bail application, directing release on a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the Bihar Narcotic Substances Act and the Arms Act.
- Whether the petitioner can be considered an accused when his name does not appear in the FIR and is only implicated through a co‑accused’s confession.
- Whether the period of custody and parity with co‑accused warrant the grant of bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27
- Bihar Narcotic Substances Act — s. 103, 109, 3(5), 61
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar Narcotic Substances Act
- FIR
- co‑accused confession
- parity
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90719 of 2025
Arising Out of PS. Case No.-150 Year-2025 Thana- DURGAWATI District- Kaimur (Bhabua)
======================================================
JAHID SULEMANI @ ZAHID SULMANI S/O UDAL SULEMANI @
UDAL NAI @ UDAL MIYAN R/o vill - Mohania, ward no. 11, P.S.-
Mohania, Distt.- Kaimur at Bhabua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Tribhuwan Narayan, Advocate
For the State : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 109, 103 and 3(5) of the
B.N.S. and later on, Section 61 of the B.N.S. and Sections 25(1-
b)a, 26 and 27 of the Arms Act were added.
3. The prosecution case, in brief, is that informant’s
elder son, namely Tarkeshwar Paswan, went to Khajura Bazar
with Krishna Paswan and Rishikesh Paswan. After sometime,
informant came to know that there was firing at Khajura Bazar
and when the informant reached there, he saw his son was lying
dead and blood was oozing from his head, leg and hand. Upon
inquiry, Rishikesh Paswan told him that one Baleno Car having
Patna High Court CR. MISC. No.90719 of 2025(2) dt.13-02-2026
2/3
Reg. No. BR06CN-6987 came there in which five persons,
namely Md. Danish, Md. Nehal, Santosh Kumar, Afroz and
Saheb Paswan, were seated and they made indiscriminate firing.
Md. Nehal shot Tarkeshwar and in course of rescue Krishna
Paswan got injured.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence.
Petitioner is not named in the F.I.R.. Name of petitioner
transpired in this case during course of investigation only on the
basis of confessional statement of co-accused Afroz, who has
already been granted bail by this Hon’ble Court vide order dated
26.11.2025 passed in Cr. Misc. No. 81051 of 2025. From bare
perusal of the F.I.R. it is apparent that specific accusation of
causing fire arm injury is against co-accused Md. Nehal. Even
during course of investigation, Rishikesh Paswan and Krishna
Paswan, who were present at the place of occurrence with the
deceased and Krishna Paswan also got injured in the occurrence,
did not name this petitioner as the assailant of the deceased.
Moreover, charge-sheet has already been submitted and
petitioner is in custody since 03.09.2025.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.90719 of 2025(2) dt.13-02-2026
3/3
opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the
case, fact that petitioner is not the assailant of the deceased,
claim based on parity and period of custody, the prayer for grant
of bail to the petitioner is allowed.
7. Accordingly, let the above named petitioner be
released on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-II,
Mohania, Kaimur at Bhabhua in connection with Durgawati P.S.
Case No. 150 of 2025.
(Prabhat Kumar Singh, J)
shashank/-
U T
Checking your session…