Shahnawaz Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69659 of 2025 Arising Out of PS. Case No.-56 Year-2025 Thana- MIRGANJ District- Gopalganj ====================================================== Shahnawaz Alam S/o- Sheikh Alimullah @ Thikedar Village- Gausihata, P.S.- Barharia, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Y C Verma, senior Advocate Mr. Javed Aslam , Advocate For the Opposite Party/s :
Mr. Dr. Kumar Uday Pratap, APP For informant :
Mr. Rajesh Ranjan, Advocate Mr. Arun, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-11-2025 Heard learned counsel for the petitioner and the State .
2. Petitioner seeks bail in a case registered for the offence punishable under sections 103 (1) , 61 ( 2 ), 109, 118 ( 2 ) and 3 (5) of BNS and 27 (3) of Arms Act. 3 . As per the prosecution case , informant namely, Nayan Prasad alleged that on 02.02.2025 at about 10:25 O'Clock , all the F.I.R. named accused persons including this petitioner came and started indiscriminate firing upon one Satyendra Singh due to which he sustained firearm injuries and later on he died.
4. Learned counsel for the petitioner submitted that
Patna High Court CR. MISC. No.69659 of 2025(3) dt.25-11-2025 2/3 petitioner is innocent and has falsely been implicated in this case . Though, there is allegation against this petitioner that he along with others came to the shop and fired upon Satyendra Singh who died during treatment, but during investigation , it has come that employees of the informant who were present in the shop stated that only one person was indulged in the alleged occurrence of firing and they have also not named this petitioner. It is further alleged that the alleged date of occurrence is 02.02.2025 but F.I.R. has been lodged on 03.02.2025 after the delay of 1 day for which there is no explanation which itself creates doubt over the entire prosecution case . Petitioner claims clean antecedent and is in custody since 24.02.2025 .
5. Learned counsel for the State as well as informant opposed the prayer for bail and submitted that there is direct and specific allegation against this petitioner that he along with other co-accused persons fired upon the deceased and during course of treatment he died. It is evident from the inquest report at para - 7 of the case diary that cause of death of the deceased has been given as death due to bullet shot and paragraph - 14, 16 and 17 and 22 of the case diary shows that witnesses and informant Nayan Prasad have supported the case of the
Patna High Court CR. MISC. No.69659 of 2025(3) dt.25-11-2025 3/3 prosecution .
6. Considering the nature and gravity of offence , materials available on record and other circumstances of the case , prayer for regular bail of the petitioner is rejected. However, since petitioners are in custody since 24.02.2025 , the learned Trial Court is directed to expedite and conclude the trial, within the period of one year from the date of receipt/production of copy of this order.
(Prabhat Kumar Singh, J) Koushik/- U T