Md. Danish @ Shalu @ Fracture v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64604 of 2025 Arising Out of PS. Case No.-140 Year-2025 Thana- SULTANGANJ District- Patna ====================================================== Md. Danish @ Shalu @ Fracture S/O Md. Haidar Hussain R/O Vill.- Lala Toli Kali Sthan, P.S.- Khajekalan, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Ms.Anukriti Jaipuriyar :

Mr.Anshuman Jaipuriyar :

Mr.Rajanikant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-11-2025 Heard both parties.

2. The petitioner seeks bail in a case, registered for the offence punishable under Sections 103, 61(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3. As per the FIR, on 04.04.2025, Informant's brother Sayed Shahnawaz and his friend Md. Kaish were going to depose their testimony in Civil Court, Patna on a scooty. At 11.00 A.M., near Khan Mirza Majshid Ghat, two motorcyclist on an Apache bike followed them and out of them one was identified as Md. Raja, who fired at Sayed Shahnawaz. He was hit and fell down from the scooty. Later, informant's brother Sayed Shahnawaz died during treatment at PMCH. The informant suspects that on account of old enmity this petitioner

Patna High Court CR. MISC. No.64604 of 2025(3) dt.11-11-2025 2/2 along with other accused persons were involved in the alleged occurrence.

4. Learned counsel for the petitioner submits that specific allegation of firing is against Md. Raja. In the FIR, only suspicion has been raised against this petitioner on account of old enmity. Save and except suspicion, there is no other material to show complicity of the petitioner in the alleged occurrence. Chargesheet has already been submitted. Petitioner is in custody since 17.04.2025.

5. Learned APP and learned counsel for the informant however, vehemently oppose the prayer for bail of the petitioner and submits that petitioner is the conspirator.

6. Considering the aforesaid facts, let the petitioner above-named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten thousand) with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-VIII, Patna City, Patna in connection with Sultanganj P.S. Case No. 140 of 2025 corresponding to Sessions Trial No. 1748/2025.

(Prabhat Kumar Singh, J) vinita/- U T