Md. Shahabuddin @ Md. sharad @ Sharad Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Md. Shahabuddin @ Md. sharad @ Sharad Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted: petitioner to be released on bail, after framing of charge if not already framed, in connection with Jokihat P.S. Case No. 269 of 2025, on bail bonds of Rs. 15,000/- with two sureties of like amount each, subject to conditions that one bailor be an own/close family member and that the petitioner attend every trial date, failing which on two consecutive defaults the Trial Court may cancel the bail bonds.

Issue for consideration

Whether the petitioner, sought to be implicated in Jokihat P.S. Case No. 269 of 2025 for the offence under Section 309(4) IPC and Sections 25(1-B)a, 26, 27 & 35 of the Arms Act, should be released on bail. +1 more

Court's answer

Taking into account the facts and circumstances of the case, the period of custody of the petitioner and the fact that the charge sheet has been submitted, the Court was inclined to grant bail to the petitioner.

Ratio / Principle

The petitioner is to be released on bail on furnishing bail bonds of Rs. 15,000/- with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Jokihat P.S. Case No. 269 of 2025.

Key takeaways

The release on bail is to take effect after framing of charge, if not already framed.ratio¶22
Bail is subject to conditions: one of the bailors shall be an own/close member of the petitioner's family, and the petitioner shall appear on each and every trial date; on default of appearance on two consecutive dates the Trial Court has liberty to cancel the bail bonds.ratio¶24

Detailed headnote1 paragraphs

Bail granted — Patna High Court (Rudra Prakash Mishra, J), Criminal Miscellaneous No. 2341 of 2026, order dated 11-03-2026, arising out of Jokihat P.S. Case No. 269 of 2025, District Araria, instituted for the offence under Section 309(4) of the Indian Penal Code and Sections 25(1-B)a, 26, 27 & 35 of the Arms Act. Prosecution alleged that on 13.08.2025 the informant, returning with Rs. 3,02,200/- in cash, was shot at and robbed near the Kesarra River, and that the petitioner and Md. Kasim were caught near Charghariya Chowk after a motorcycle accident, with a pistol, country-made firearm, live cartridges and a mobile phone recovered, though the looted cash was not recovered. Noting the petitioner's custody since 14.08.2025 and submission of the charge sheet, the Court released the petitioner on bail, after framing of charge if not already framed, on a bail bond of Rs. 15,000/- with two sureties of like amount, conditioned on one bailor being a close family member and attendance on every trial date, failing which on two consecutive defaults the Trial Court may cancel the bail bonds. Petitioner's contentions of false implication, absence of recovery from conscious possession and non-compliance of Sections 103 and 105 BNSS, 2023 were recorded; no precedent was cited.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2341 of 2026

Arising Out of PS. Case No.-269 Year-2025 Thana- JOKIHAT District- Araria

====================================================== Md. Shahabuddin @ Md. sharad @ Sharad Son of Md. Shamsul @ Samsul Resident of Village- Belachand Ward No. 07, P.S.- Banmankhi, DistrictPurnea

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

3 11-03-2026

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in connection with Jokihat P.S. Case No. 269 of 2025 instituted for the offence under Section 309(4) of the Indian Penal Code and Sections 25(1-B)a, 26, 27 & 35 of the Arms Act.

The prosecution case, in brief, is that on 13.08.2025 the informant, while transporting iron rods and returning with Rs. 3,02,200/- in cash, was intercepted near ‘ Kesarra ’ River by two unknown motorcyclists who fired upon him causing injury to his leg and looted the said cash. It is alleged that the petitioner, Md. Shahabuddin @ Sharad, and Md. Kasim were apprehended by local people near Charghariya

Patna High Court CR. MISC. No.2341 of 2026(3) dt.11-03-2026 2/3

Chowk after their motorcycle met with an accident, from whose possession a pistol, country-made firearm, live cartridges and a mobile phone were recovered, though the looted cash could not be recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.08.2025. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

It has been further submitted by the petitioner’s counsel that petitioner has been falsely implicated in the present case. Informant has not identified as to who has fired the shot while fleeing away. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has got no concern with the alleged recovery of arms and ammunitions. There is no compliance of Sections 103 and 105 of the BNSS, 2023. Charge sheet has already been submitted in this case.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.2341 of 2026(3) dt.11-03-2026 3/3

Let the petitioner be released on bail, after framing of charge, if not already framed , on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jokihat P.S. Case No. 269 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J)

Alok Verma/-

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