Patna High Court – Orders
Md. Shakid @ Shakib @ Shakir @ Md. Shakir … vs The State Of Bihar on 24 June, 2025
Author: Nawneet Kumar Pandey
Bench: Nawneet Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.172 of 2025
Arising Out of PS. Case No.-1236 Year-2019 Thana- NAWADA District- Nawada
======================================================
1. Md. Sheru son of Late Kalimuddin village- Bari Dargah Gondapur, Ps-
Nawada town, Dist- Nawada
2. Md. Dolar son of Late Kalimuddin village- Bari Dargah Gondapur, Ps-
Nawada town, Dist- Nawada
3. Sonu son of Late Kalimuddin village- Bari Dargah Gondapur, Ps- Nawada
town, Dist- Nawada
4. Md. Nasho @ Md. Nashi @ Md. Nasimuddin son of Salim Driver village-
Bari Dargah Gondapur, Ps- Nawada town, Dist- Nawada
5. Md. Chhotu Son of Late Chapra village- Bari Dargah Gondapur, Ps-
Nawada town, Dist- Nawada
... ... Appellant/s
Versus
The State of Bihar bihar
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 266 of 2025
Arising Out of PS. Case No.-1236 Year-2019 Thana- NAWADA District- Nawada
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Md. Gazi Iqbal @ Guddu Son of Murtaza Siddique @ Md. Murtaza Siddique
Resident of Village - Gondapur, P.S. - Nawada (Town), District - Nawada,
present residing at Plot No. 163, RDA Plot, Near Muslim Hall, Sanjay Nagar,
Raipur, Chhattisgarh (492001)
... ... Appellant/s
Versus
The State of Bihar Bihar
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 416 of 2025
Arising Out of PS. Case No.-1236 Year-2019 Thana- NAWADA District- Nawada
======================================================
Md. Shakid @ Shakib @ Shakir @ Md. Shakir Hussain Son of Sadakat
Hussain Resident Of Mohalla- Gondapur, P.O and P.S.-Nwada, PS- Nawada,
District- Nawada
... ... Appellant/s
Versus
The State of Bihar Bihar
Patna High Court CR. APP (SJ) No.172 of 2025(4) dt.24-06-2025
2/4
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (SJ) No. 172 of 2025)
For the Appellant/s : Mr.Chandrasen Prasad Singh
For the Respondent/s : Mr.Mukeshwar Dayal
(In CRIMINAL APPEAL (SJ) No. 266 of 2025)
For the Appellant/s : Mr.Rabindra Kumar
For the Respondent/s : Mr.Ramchandra Singh
(In CRIMINAL APPEAL (SJ) No. 416 of 2025)
For the Appellant/s : Mr.Sheo Kumar Prasad
For the Respondent/s : Mr.Mukeshwar Dayal
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 24-06-2025
Heard learned counsel for the appellants and learned
counsel for the State.
2. These memo of Appeals are being filed on behalf of
the appellants to set aside the Judgment and Sentence dated
11/12/2024 and 17/12/2024 respectively passed by Mr. Chandan
Kumar, Additional Sessions Judge-V, Nawada in S.Tr. No.
75/2020 arising out of Nawada (Town) P.S. Case No.
1236/2019, G.R No. 6164 of 2019, C.IS No. 6164 of 2019
registered under Sections 147, 148, 149/34. 323/354(A), 380,
307 I.P.C and 27 of Arms Act dated 17/10/2019 whereby all the
appellants have been found guilty and convict3ed under
Sections 147, 323/149, 307/149 of the I.P.C All the appellants
named above convicting accused and sentenced to One (1) Year
R.I under Section 147 I.P.C and Four (4) Years R.I for the
offence under Section 307/149 of I.P.C. All the substantive
Patna High Court CR. APP (SJ) No.172 of 2025(4) dt.24-06-2025
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sentences of Imprisonment shall run concurrently further no
separate sentence under Section 323/149 of I.P.C have been
imposed and all the appellants above named have not been
convicted and sentenced under Section 27 of Arms Act.
3. While making prayer to suspend the sentence and
grant of bail, it has been submitted on behalf of the appellants
that the informants and other witnesses did not support the
prosecution case. Even the injured witnesses did not support the
allegation. The appellants are the persons of clean antecedent
and they have remained under custody since 17-12-2024
whereas the maximum sentence, awarded to the appellants is
rigorous imprisonment for four years and there is no likelihood
of the appeals being taken up for hearing in near future.
4. Learned APP has opposed the prayer for bail.
5. Considering the aforesaid facts and circumstances
coupled with the fact that there is no chance of the appeal being
taken up for hearing in near future, during pendency of the
appeal, let the sentence of the appellants named above be
suspended and they be released on bail on furnishing bail bond
of Rs. 10,000/- (ten thousand) each with two sureties of the like
Special amount each to the satisfaction of Mr. Chandan Kumar,
Additional Sessions Judge-V, Nawada in S.Tr. No. 75/2020
Patna High Court CR. APP (SJ) No.172 of 2025(4) dt.24-06-2025
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arising out of Nawada (Town) P.S. Case No. 1236/2019, G.R
No. 6164 of 2019, C.IS No. 6164 of 2019.
6. During pendency of the appeal, the fine imposed
upon the appellants shall remain stayed.
(Nawneet Kumar Pandey, J)
A.K.V.//-
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