Md. Chand @ Mohammad Chand Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Md. Chand @ Mohammad Chand Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted to the petitioner in Sabour P.S. Case No. 323 of 2024, subject to the Trial Court being satisfied that the petitioner is not absconding in any of the six pending cases listed in the order, on furnishing bail bond of Rs.30,000/- as mentioned in Section 2(1)(d) of the B.N.S.S., 2023, to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, and subject to the conditions laid down under Section 480(3) of the B.N.S.S., 2023.

Issue for consideration

Whether the petitioner should be granted regular bail in connection with Sabour P.S. Case No. 323 of 2024. +1 more

Court's answer

Bail granted to the petitioner in Sabour P.S. Case No. 323 of 2024, conditional on the Trial Court satisfying itself that the petitioner is not absconding in any of the cases pending against him, and on furnishing bail bond of Rs.30,000/- as mentioned in Section 2(1)(d) of the B.N.S.S., 2023, to the satisfaction of the Chief Judicial Magistrate, Bhagalpur.

Ratio / Principle

The grant of bail is made subject to the conditions laid down under Section 480(3) of the B.N.S.S., 2023.

Detailed headnote1 paragraphs

Regular bail — successive application after rejection dated 06.08.2025 in Cr. Misc. No. 36638 of 2025 — Patna High Court (Dr. Anshuman, J.) granted regular bail to the petitioner in Sabour P.S. Case No. 323 of 2024 (offences punishable under Sections 126(2), 115(2), 109, 132, 74, 308(3), 308(4), 262, 352 & 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-B)(a) & 26 of the Arms Act), subject to the Trial Court satisfying itself that the petitioner is not absconding in any of the six pending cases listed in the order (Sabour P.S. Case Nos. 89 of 2018, 107 of 2018, 159 of 2020, 179 of 2021, 24 of 2022 and 316 of 2024), on furnishing bail bond of Rs.30,000/- as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, and subject to the conditions laid down under Section 480(3) of the B.N.S.S., 2023; petitioner in custody since 08.09.2024; recovery of one loaded desi katta with four live cartridges and six criminal antecedents noted from counsel's submissions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62075 of 2025

Arising Out of PS. Case No.-323 Year-2024 Thana- SABAUR District- Bhagalpur

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Md. Chand @ Mohammad Chand S/o Mohammad Ijhar @ Md. Ghokuya R/o Village/ Mohalla- Safiagarhi, P.S.- Sabour, District- Bhagalpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Chandra Shekhar Sharma, Advocate For the Opposite Party/s : Mr. Kalyan Shankar, A.P.P

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

3 05-12-2025

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sabour P.S. Case No. 323 of 2024 lodged on 07.09.2024, for the offence punishable under Sections 126(2), 115(2), 109, 132, 74, 308(3), 308(4), 262, 352 & 351(2) of the Bharatiya Nyaya Sanhita, 2023 and sections 25(1-B)(a) & 26 of the Arms Act.

Learned counsel for the petitioner submits that the bail application of the petitioner was earlier rejected vide order dated 06.08.2025 passed in Cr. Misc. No. 36638 of 2025. Counsel submits that one loaded desi katta along with four live cartridges have been recovered from the petitioner’s possession and petitioner has six criminal antecedents. Counsel submits that on the early occasion, the order has not been passed on

Patna High Court CR. MISC. No.62075 of 2025(3) dt.05-12-2025 2/3

merit, rather, nobody appeared on behalf of the petitioner and on the basis of records available, the order was passed. Counsel further submits that vide order dated 12.09.2025, this Court has directed the counsel for the petitioner to file a supplementary affidavit bringing on record substantial proof to show that the petitioner is not absconding in any of the cases pending against him. In this regard, counsel submits that he has filed a supplementary affidavit in which it has been indicated that he is on bail in all the cases and ready to fulfill all the conditions whatsoever shall be imposed. Counsel further submits that the petitioner is in custody since 08.09.2024.

Learned APP for the State opposes the prayer for bail of the petitioner and submits that the petitioner has six criminal antecedents.

In the present facts and circumstances of this case, let the above named petitioner be granted bail on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are mentioned below, and on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S. , 2023 to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Sabour P.S. Case No. 323 of

Patna High Court CR. MISC. No.62075 of 2025(3) dt.05-12-2025 3/3

2024, subject to the conditions as laid down U/s 480(3) of the B.N.S.S. , 2023.

Pending cases against the petitioner are as follows:-

(I)- Sabour P.S. Case No. 89 of 2018.

(II)- Sabour P.S. Case No. 107 of 2018.

(III)- Sabour P.S. Case No. 159 of 2020.

(IV)- Sabour P.S. Case No. 179 of 2021.

(V)- Sabour P.S. Case No. 24 of 2022.

(VI)- Sabour P.S. Case No. 316 of 2024.

(Dr. Anshuman, J)

Divyansh/-

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