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Patna High Court

Md. EjajversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted pre‑arrest bail to the petitioner, subject to conditions, as no material evidence substantiated the conspiracy allegation.

Summary

The petitioner, Md. Ejaj, was injured in a shooting incident and subsequently named as a conspirator in the FIR relating to offences under Sections 109(1), 303(2), 3(5) of the BNS and Section 27 of the Arms Act. He applied for pre‑arrest bail, contending that the investigation had produced no material linking him to the conspiracy and that the allegation stemmed from personal enmity, though he has one prior criminal antecedent. The State opposed bail, relying on the informant’s identification of the petitioner as a conspirator and his antecedent. The Court examined the lack of substantive evidence against the petitioner and, considering the nature of the accusation, held that bail could be granted subject to conditions. Accordingly, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, one of whom must be a close family member, and compliance with Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail despite being named as a conspirator in the FIR and having a prior criminal antecedent.

Legislation cited

Subjects

  • pre‑arrest bail
  • conspiracy
  • criminal antecedent
  • Arms Act
  • Section 482
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91190 of 2025
                    Arising Out of PS. Case No.-606 Year-2025 Thana- AURANGABAD TOWN District-
                                                       Aurangabad
                 ======================================================
                 Md. Ejaj S/O Imteyaj Ahmad @ Nassy R/O Vill.- Jarmakhap, P.S.-
                 Aurangabad, Dist.- Aurangabad, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Shailesh Kumar Singh, Adv.
                 For the Opposite Party/s :     Mr. Dr.Mrityunjaya Kr.Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   15-01-2026                  Heard the learned Advocate for the petitioner and the

                   learned Additional Public Prosecutor for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Aurangabad Town P.S. Case No. 606 of 2025, registered

                   for the offences punishable under Sections 109(1), 303(2) and

                   3(5) of the BNS and Section 27 of the Arms Act.

                                3. In the evening of the fateful day, while the

                   petitioner was returning to his house on his motorcycle, in the

                   meanwhile, he was intercepted by some of the miscreants, out of

                   whom it is alleged that co-accused Pammi has fired upon him,

                   due to which he sustained bullet injury in his hand. It is further

                   alleged that co-accused Shahrukh thereupon snatched Rs.

                   50,000/-, which was kept in his pocket. The petitioner along
Patna High Court CR. MISC. No.91190 of 2025(2) dt.15-01-2026
                                            2/3




          with other miscreants are said to be conspirator of the crime.

                       4. Learned Advocate for the petitioner taking this

          Court through the FIR contended that the specific accusation

          has been levelled against co-accused Pammi and Shahrukh. So

          far the petitioner is concerned, save and except he is alleged to

          be one of the conspirator with other accused persons in the

          crime, there is no allegation. During the course of investigation,

          no cogent material has collected, which strengthened the

          prosecution case with regard to role of the petitioner being a

          conspirator. The false implication of the petitioner is said to be a

          previous enmity. The petitioner bears one criminal antecedent,

          as has been disclosed in paragraph no. 3 of the bail application,

          however, he undertakes that he will full co-operate in the

          proceeding of the Court.

                       5. On the other hand, learned Advocate for the State

          opposed the pre-arrest bail application and submits that the

          name of the petitioner has been specifically disclosed by the

          informant as one of the conspirator in the crime, besides he

          bears one criminal antecedent.

                       6. Regard being had to the submissions made on

          behalf of the parties and considering the nature of accusation,

          coupled with the fact that save and except the suspicion with
            Patna High Court CR. MISC. No.91190 of 2025(2) dt.15-01-2026
                                                        3/3




                      regard to involvement of the petitioner as a conspirator in the

                      crime, there is no material, let the petitioner above named be

                      released on bail, in the event of his arrest or surrender before the

                      court below within a period of four weeks from the date of

                      receipt/production of a copy of this order, upon furnishing bail

                      bonds of Rs.10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of the learned Chief Judicial

                      Magistrate, Aurangabad in connection with Aurangabad Town

                      P.S. Case No. 606 of 2025, subject to the conditions laid down

                      in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita,

                      2023 with the further condition that one of the bailors shall be

                      the own/close family members of the petitioner.



                                                  (Harish Kumar, J)
shivank/-

U      T


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