Patna High Court
Murad AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail should be granted to the petitioner subject to conditions under Section 480(3) of the B.N.S.S.
Summary
The petitioner, Murad Ali, was charged under Sections 61(2) and 109 of the B.N.S., 2023 and Section 27 of the Arms Act for allegedly firing at an informant. He contended that he was falsely implicated, noting that his name does not appear in the FIR and the only incriminating material is a confessional statement of a co‑accused, which he argued lacks evidentiary value. The petitioner also produced a compromise petition between the parties. The State opposed bail, but the court, after considering the chargesheet, the length of custody since July 2025, and the lack of direct evidence, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and other procedural requirements. The order emphasizes the petitioner’s obligation to appear before the trial court and the consequences of non‑compliance.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and the reliance on a co‑accused’s confessional statement.
- Whether the existence of a compromise petition influences the grant of bail.
- Whether the lack of the petitioner’s name in the FIR and absence of direct incriminating material warrant bail.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 109, 61(2)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- confessional statement
- compromise petition
- Arms Act
- B.N.S. 2023
- Section 480(3)
- criminal procedure
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91244 of 2025
Arising Out of PS. Case No.-365 Year-2025 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
Murad Ali S/o Narain Miyan @ Nurain Miyan @ Narain, Resident of Village-
Bhojpurwan, P.S.- Manjhagarh, District- Gopalganj.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate
For the Opposite Party/s : Mr. Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Gopalganj P.S. Case No. 365 of 2025 dated
15.05.2025, registered for the offences punishable under
Sections 61(2) and 109 of the B.N.S., 2023 and Section 27 of
the Arms Act.
3. As per the prosecution case, two miscreants with
the intention of causing death of the informant, fired upon him.
The informant showed his suspicion that his own brother, i.e.
co-accused Shamshuz Zoha might be involved in the alleged
occurrence. The name of the petitioner transpired during
investigation for being involved in the said occurrence.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.91244 of 2025(3) dt.24-02-2026
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petitioner submits that petitioner is innocent and he has falsely
been implicated in the present case. No occurrence in the
manner as alleged has ever taken place. The petitioner is not
named in the FIR and there is no specific allegation that he fired
upon the informant. The name of the petitioner has been
dragged in this case on the basis of confessional statement of
co-accused Rajik Hasan, but the said confessional statement has
no evidentiary value and except for the said confessional
statement, there is no incriminating material against the
petitioner. Now, the parties have compromised the matter
between them and a copy of compromise petition has been
annexed as Annexure- P/3. Learned counsel next submits that
petitioner is having antecedent of one case and chargesheet has
been submitted. Learned counsel lastly submits that petitioner is
in custody since 01.07.2025.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
submission of chargesheet and period of custody of the
petitioner, the petitioner, above-named, is directed to be released
on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten
Patna High Court CR. MISC. No.91244 of 2025(3) dt.24-02-2026
3/3
Thousand Only) with two sureties of the like amount each to the
satisfaction of learned District & Additional Sessions Judge-II,
Gopalganj / concerned Court, in connection with Gopalganj
P.S. Case No. 365 of 2025, subject to the condition laid down
under Section 480(3) of the B.N.S.S. and other following
conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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