Patna High Court

CR. MISC./58823/2026 of Md. Jalaluddin @ Chotu Vs The State of Bihar on 19 August 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58823 of 2026 Arising Out of PS. Case No.-453 Year-2026 Thana- GAYA MUFASIL District- Gaya ====================================================== Md. Jalaluddin @ Chotu S/o Lal Mohammad @ Devlal R/o Mohalla- Mastalipur (Abgilla), P.S.-

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58823 of 2026

Arising Out of PS. Case No.-453 Year-2026 Thana- GAYA MUFASIL District- Gaya ======================================================

Md. Jalaluddin @ Chotu S/o Lal Mohammad @ Devlal R/o Mohalla- Mastalipur (Abgilla), P.S.- Muffasil, Distt- Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Rakesh Singh, Adv.

For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR

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ORAL ORDER

19-08-2026 Heard learned Advocate for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Muffasil P.S. Case No. 453 of 2026, registered for the offences punishable under Sections 112(2), 109, 122(1), 122(2), 189(2), 115(2), 191(3), 191(2) & 190 of the BNS and Section 27 of the Arms Act.

3. The police on a secret information that large number of persons have gathered at the place of occurrence and indulged in fighting with each other, besides there is further allegation that they have resorted to fire, inquired the matter on the basis of viral photographs. This incidence led to institution of the FIR against twelve named accused persons, including the petitioner and 30-40 unknown persons.

4. Learned Advocate for the petitioner submitted that Patna High Court CR. MISC. No.58823 of 2026(2) dt.19-08-2026

the reason behind the false implication of the petitioner is nothing, but the criminal antecedent of the petitioner. There is no iota of material, which suggest the complicity of the petitioner in crime. In none of the viral photographs, the petitioner has been identified as a person, who has participated in the crime. After the alleged occurrence, one person was apprehended, he also did not disclose the name of the petitioner. In the said incidence, none has sustained any injuries and moreover, the police has also not found any used cartridges or materials from the place of occurrence, which corroborate the allegation of firing. Save and except the criminal antecedent of the petitioner, there is nothing on record. In the aforesaid premise, learned Advocate for the petitioner argued that mere criminal antecedent of a person cannot be the sole ground for non consideration of his prayer for bail, in absence of any specific accusation and cogent materials.

5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submits that the petitioner is carrying four criminal antecedent and prima facie, it appears that he has participated in the crime, as alleged in the FIR.

6. Regard being had to the submissions made on Patna High Court CR. MISC. No.58823 of 2026(2) dt.19-08-2026

behalf of the parties and considering the fact that in none of the photographs, the petitioner has been identified and the entire case is based on a secret information, besides during the course of investigation nothing has surfaced against the petitioner, save and except the criminal antecedent, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gayaji in connection with Muffasil P.S. Case No. 453 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further conditions that:-

(i) One of the bailors shall be the own/close family members of the petitioner.

(ii) If the petitioner is found involved in other identical matter, the police/I.O. of this case shall be at liberty to file an application for cancellation of his bail.

sumit/- (Harish Kumar, J) U T

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