Patna High Court
Ali Hussain @ Raju @ Ali HusainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, Ali Hussain, subject to a bond and sureties.
Summary
The petitioner, Ali Hussain, applied for regular bail in a case involving alleged offences under Sections 126(2), 352, 109, 3(5) of the Bihar Negotiable Instruments Act and Sections 25(1‑b)a, 26, 35 of the Arms Act. The FIR alleges that a group of accused demanded cigarettes from an informant, and when refused, co‑accused Raja Paswan fired a pistol at the informant; the petitioner is alleged to have been an instrumental behind the scenes. The petitioner contended that the allegations are fabricated, he is not named in the FIR, no injury was recorded, and that his case is stronger than that of Raja Paswan, who has already been granted bail. The State opposed the bail on the seriousness of the offences. The Court, after considering the facts, granted regular bail on a bond of Rs. 10,000 with two sureties, subject to the petitioner’s cooperation in the trial.
Issues considered
- Whether the petitioner is entitled to regular bail for the offences alleged under the Bihar Negotiable Instruments Act and the Arms Act.
- Whether the lack of injury to the informant and the petitioner's claim of false allegations justify granting bail.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bihar Negotiable Instruments Act — s. 109, 126(2), 3(5), 352
Subjects
- bail
- regular bail
- Arms Act
- criminal procedure
- false allegations
- FIR
- section 352
- section 25(1-b)a
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9239 of 2026
Arising Out of PS. Case No.-35 Year-2025 Thana- Bajitpur District- Darbhanga
======================================================
Ali Hussain @ Raju @ Ali Husain S/O Abdul Qadir@ Abdul Kadir R/O Vill.-
Ramnagar, P.S- Nehra, Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. S.M.Ashraf, Sr. Advocate
Mr.Md Ejaz Akhtar
For the State : Mr. Shailenedra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 24-02-2026 Heard the learned counsel for the parties.
2. This is an application for regular bail on behalf
of the petitioner for the offences alleged under Sections
126(2)/352/109/3(5) of the BNS and Sections 25(1-b)a/26/35 of
the Arms Act, registered in connection with Wajitpur P.S.Case
No. 35 of 2025.
3. As per the FIR, while the informant was sleeping
at his home, 5-7 accused persons came there and demanded
cigarettes. Upon refusal, co-accused Raja Paswan took out pistol
and fired upon the informant. It is alleged that the petitioner was
also instrumental behind the scenes.
4. The learned counsel for the petitioner has submitted
that the entire allegation is false and fabricated. The petitioner
Patna High Court CR. MISC. No.9239 of 2026(2) dt.24-02-2026
2/2
is not named in the FIR. The specific allegation of firing is on
Raja Paswan that too is not corroborated by the medical report
as no injury was found on the person of the informant. It is
submitted further that the case of the petitioner is on better
footing to that of Raja Paswan, who has been granted by the
court below. The petitioner is in custody since 28.12.2025.
5. On the other hand, Mr. Shailendra Kumar, the
learned APP for the State, has opposed the prayer for bail.
6. Considering the above facts and circumstances, let
the petitioner, above-named, 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 Judicial
Magistrate Darbhanga in connection with Wajitpur P.S.Case No.
35 of 2025, subject to the condition that the petitioner shall
cooperate in the disposal of trial and make himself available as
and when required by the court.
(Nawneet Kumar Pandey, J)
HR/-
U T
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