Md. Sabbir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85091 of 2025 Arising Out of PS. Case No.-297 Year-2024 Thana- PIPRA District- Supaul ====================================================== 1.
Md. Sabbir S/o Md. Majir R/o Village- Lalpur, Ward No 3, P.S.- Singheshwar, Distt- Madhepura 2.
Md. Naushad S/o Md. Mubarak R/o Vill- Kajra, Ward No. 10, P.S.- Shankarpur, Distt- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. S.M.Ashraf Ms. Homa Yunus S.Shaheen Ashraf Mr.Rana Hason For the State :
Mr. J.N.Thakur, APP For the Informant Mrs. Meena Singh Mr. Saket Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-02-2026 Heard the learned counsel for the parties.
2. This is an application for regular bail on behalf of the petitioners for the offences alleged under Sections 126(2),127(2), 109, 61(2) and 35) of the BNS and Section 27 of the Arms Act, registered in connection with Pipra P.S.Case No. 297 of 2024/S.T.No. 314/2025.
3. As per the FIR, on 19.04.2024 at about 4.00 pm, the informant with his family members was returning from Supaul on two motor-cycles. The first motor-cycle was being driven by the informant with his brother Pawan being pillion
Patna High Court CR. MISC. No.85091 of 2025(4) dt.23-02-2026 2/3 rider. Another motor-cycle was being driven by Lalan Sah (brother of the informant) and on this motor-cycle the father and uncle of the informant were sitting. When they reached near Kataiya-Thumha, co-accused Govind Sah, Manish Kumar, Narayan Sah, Ranjan Sah, Manoj Sah, Shashi Suman @ Vicky along with 4-5 unknown surrounded them. Co-accused Govind Sah fired at Lalan Sah on his cheek. Co-accused Manish Kumar fired at Lalan Sah in his chest. Co-accused Shashi Suman fired at the shoulder of Lalan Sah and co-accused Ranjan Sah fired at Mahendra Sah on his left hand. Co-accused Manish Shah fired at Yogendra Sah on his shoulder. Narayan Sah fired at Yogendra Sah on his leg.
4. The learned counsel for the petitioners has submitted that the persons who opened fire on the injured persons, have specifically been named in the FIR. The petitioners are not the assailants which transpires from the FIR itself. The petitioners are in custody since 20.11.2024.
5. On the other hand the learned counsel for the informant as well as the learned APP for the State have opposed the prayer for bail by submitting that the arms of the petitioners were used and they have been convicted in separate cases registered under the Arms Act. It is further submitted that the
Patna High Court CR. MISC. No.85091 of 2025(4) dt.23-02-2026 3/3 petitioners are the persons of criminal antecedents.
6. So far as the submission of the learned APP for the State is concerned, the petitioners have been punished for their guilt of providing arms. They are not the assailants. The names of the assailants have specifically been mentioned in the FIR.
7. Considering the above facts and circumstances of the case, let the petitioners, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1, Supaul in connection with Pipra P.S.Case No. 297 of 2024, S.T.No. 314/2025, subject to the conditions that the petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.
(Nawneet Kumar Pandey, J) HR/- U T