Md. Gufran v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56558 of 2025 Arising Out of PS. Case No.-216 Year-2024 Thana- KALYANPUR District- Samastipur ====================================================== Md. Gufran S/O Md. Nazir R/O Vill.- Jatmalpur Dhab, P.S.- Kalyanpur, Dist.- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :
Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Kalyanpur P.S. Case No. 216 of 2024 instituted for the offences under Sections 103(1), 190 of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. Prosecution case, in short, is that, on the alleged date and time, all the accused persons including the petitioner came, armed with weapons entered the house of the informant and, on the orders of this petitioner, co-accused Saddam fired upon the informant's father, as a result of which he died.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.56558 of 2025(2) dt.27-08-2025 2/3 petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The only role attributed to the petitioner is that he is the order giver. Learned counsel further contended that the specific allegation of firing upon the deceased is against co-accused Md. Saddam who has already been granted bail by this Court vide order dated 20.08.2025 passed in Cr. Misc. No. 40992 of 2025. Learned counsel further submitted that charge-sheet has been submitted and charge has also been framed. It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.09.2024 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.56558 of 2025(2) dt.27-08-2025 3/3 below/concerned Court in connection with Kalyanpur P.S. Case No. 216 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T