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Patna High Court

Murad AliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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