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Patna High Court

Ali Hussain @ Raju @ Ali HusainversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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