Md.Arshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72576 of 2025 Arising Out of PS. Case No.-412 Year-2020 Thana- ALAMGANJ District- Patna ====================================================== Md.Arshad S/o Late Md. Isha @ Md. RAji @ Md. Razi Resident of mohalla Chand Colony, P.S.- Alamganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-01-2026 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with S.Tr. No.280 of 2021 arising out of Alamganj P.S. Case No.412 of 2020 lodged under Sections 302, 504, 506/34 of the IPC read with Section 27 of the Arms Act pending before the Court of A.D.J.-1st, Patna City.

3. Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected three times vide orders dated 04.11.2022, 20.03.2024 and 26.03.2025 passed in Cr. Misc. Nos.36506 of 2022, 70331 of 2023 and 87887 of 2024.

4. Learned counsel for the petitioner further submits that the petitioner is in custody since 25.07.2020 and charge-

Patna High Court CR. MISC. No.72576 of 2025(3) dt.16-01-2026 2/3 sheet has already been filed, but till date, not a single witness has been examined. He further submits that progress of the trial has been called for.

5. Learned counsel for the State opposes the prayer for bail and submits that progress report has been called for. In the report, it has been intimated that there are 6 charge-sheet witnesses, but not a single witness has been taken for evidence.

6. It has been intimated by the Trial Court that for evidence of witnesses, summons, bailable warrant, non-bailable warrant as well as service report from the S.S.P. have been called for, but not a single witness has been produced before the Trial Court.

7. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner as there is direct allegation of gun shot against him. Therefore, the bail application of the petitioner is hereby rejected.

8. However, the Senior Superintendent of Police, Patna is hereby directed to do the needful by way of instructing the SHO and the I.O. of this case to adduce all the witnesses for examination/ cross-examination within the said period of 3 months and submit a report in this regard before this Court .

Patna High Court CR. MISC. No.72576 of 2025(3) dt.16-01-2026 3/3

9. Registry is directed to communicate this order through E-mail, Whatsapp and any other mode forthwith to the Senior Superintendent of Police, Patna. Registry is further directed to hand over a copy of this order to learned A.P.P. who shall communicate this order to the Senior Superintendent of Police, Patna at his level.

(Dr. Anshuman, J) Prakashmani/- U T