Mohmmad Nisar @ Md. Nisar @ Barasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36473 of 2026 Arising Out of PS. Case No.-407 Year-2019 Thana- RAJAON District- Banka ====================================================== Mohmmad Nisar @ Md. Nisar @ Barasi, Male, aged about 37 years, son of Late Md. Mustakim, resident of Shahjangi, Police Station-Madhusudanpur, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md.Najmul Hodda, Advocate :

Ms. Ayushi Choudhary, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offence punishable under Sections 394 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation in the FIR, three co-accused persons on a motorcycle resorted to firing, as a result of which, one Chitranjan Kumar Singh sustained gun shot injury in his head and died on the spot.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that similarly situated two co-accused, persons namely,

Patna High Court CR. MISC. No.36473 of 2026(3) dt.21-07-2026 2/2 Nizamul Ansai @ Tiger and Suraj Kumar Sharma have already been granted bail by a Co-ordinate Bench of this Court passed in Cr. Misc. Nos.18676 of 2021 and 34260 of 2021 and he is in custody since 18.08.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In view of the aforesaid submissions as well as the fact that two similarly situated co-accused persons have already been granted bail by Co-ordinate Benches of this Court, so let the above named petitioner 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 ADJ-III, Banka in connection with Sessions Trial No.587 of 2023 arising out of Rajoun P.S. Case No.407 of 2019.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T