Nesar Ahmad @ Md. Nesar Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12861 of 2026 Arising Out of PS. Case No.-348 Year-2025 Thana- BUNIYAD GANJ District- Gaya ====================================================== Nesar Ahmad @ Md. Nesar Ahmad Son of Late Barkat Ali, Resident of Mohalla- Jora Masjid, Head Manpur, P.S.- Buniyadganj, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Sinha, Advocate Ms. Anjali Kumari, Advocate For the Opposite Party/s :
Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 26-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner seeks regular bail in a case registered under Sections 126(2), 109, 111, 192, 3(5) of the B.N.S. and Section 27 of the Arms Act. Later on Sections 25(1-b)a and 26 of the Arms Act were added.
3. As per prosecution case, the informant, who is Circle Officer, Manpur (Gaya) received information that firing was done between two groups on account of land dispute in which two persons sustained injuries. After reaching there, he came to know that petitioner and other accused persons were involved in the alleged incident. In the said occurrence, the persons, who sustained injuries, were sent to the hospital for
Patna High Court CR. MISC. No.12861 of 2026(2) dt.26-02-2026 2/3 better treatment. The police recovered eight empty cartridges and five live cartridges from the place of occurrence.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case only due to the reason that petitioner got four criminal antecedents. No specific allegation is attributed to the petitioner rather it is general and omnibus. None has sustained any firearm injury. There is case and counter case between both parties. It is further submitted that there is a land dispute between both sides which is pending before the Hon'ble Court. Nothing incriminating material has been recovered from conscious possession of the petitioner. Petitioner is in jail since 16.12.2025 and he undertakes to cooperate in the trial.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, submissions of the parties and the facts that there is case and counter case between the parties, none has sustained firearm injury, there is a land dispute between them and the period of custody undergone by him, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.12861 of 2026(2) dt.26-02-2026 3/3 satisfaction of learned A.C.J.M. -III, Gaya/concerned court in connection with Buniyadganj P.S. Case No.348 of 2025. (Sunil Dutta Mishra, J) Harish/- U T