Ali Hussain @ Raju @ Ali Husain v. The State Of Bihar

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 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