Md. Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32110 of 2026 Arising Out of PS. Case No.-6 Year-2026 Thana- ALAMGANJ District- Patna ====================================================== Md. Azad S/o Md. Rafik R/o vill - Chhoti Bazar, Raushan Colony, P.S.- Khajekalan, Distt.- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-05-2026 Heard the parties.

2. Petitioner seeks regular bail in connection with Alamganj P.S. Case No. 06 of 2026 registered for the offences punishable under sections 109 & 3(5) of the Bharatiya Nyaya Sanhita and section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to previous enmity, which is apparent from the FIR itself and the informant is not an eye witness to the alleged occurrence. Learned counsel further submits that though the allegation is of firearm injury, the injury report itself falsifies the prosecution case inasmuch as the injury has been described as a simple abrasion measuring 5 cm × 2 cm over the right scapular region and no firearm injury has been found on the person of the injured. It is further submitted that the nature of injury is simple

Patna High Court CR. MISC. No.32110 of 2026(2) dt.12-05-2026 2/2 in nature and does not support the allegation of firing by pistol and the petitioner has fair and clean antecedent and has been languishing in jail since 04.01.2026.

4. Learned APP for the State has opposed the prayer of the petitioner.

5. In the facts and circumstances of this case and considering the statements made in the petition as well as above submissions, coupled with petitioner's fair and clean antecedent, his custody period and completion of investigation against him and also the nature of injury sustained by the informant's son, this Court is inclined to release him on bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the court concerned in connection with Alamganj P.S. Case No. 06 of 2026.

(Shailendra Singh, J) annu/- U T