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Patna High Court

Shamsher Reza @ Shamsher Alam @ Shamser AlamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail is denied to the petitioner.

Summary

The petitioner, Shamsher Reza, sought anticipatory bail fearing arrest in a case (Jokihat P.S. Case No.269 of 2025) involving alleged offences under Section 309(4) of the Indian Penal Code and Sections 25(1‑B)a, 26, 27 and 35 of the Arms Act. The prosecution alleged that on 13‑08‑2025 two motorcyclists robbed an informant of Rs.3,02,200, injured him by firing, and were later found with a pistol, a country‑made firearm, live cartridges and a mobile phone. The petitioner contended that he was falsely implicated, not named in the FIR, and that no material evidence linked him to the crime, also noting non‑compliance of Section 103 of the BNSS, 2023. The State’s counsel opposed anticipatory bail, emphasizing the seriousness of the armed robbery and assault. The Court examined the lack of direct evidence against the petitioner and the statutory requirements for anticipatory bail. It concluded that the circumstances did not merit the grant of anticipatory bail. However, the Court directed that if the petitioner surrenders within four weeks, regular bail may be considered by the lower court.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in the absence of direct evidence linking him to the alleged offences
  • Whether the non‑compliance of Section 103 of the BNSS, 2023, affects the grant of anticipatory bail
  • Whether the seriousness of the alleged offences under the IPC and Arms Act precludes anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • Arms Act
  • robbery
  • criminal procedure
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14990 of 2026
                        Arising Out of PS. Case No.-269 Year-2025 Thana- JOKIHAT District- Araria
                 ======================================================
                 Shamsher Reza @ Shamsher Alam @ Shamser Alam Son of Nasim Akhtar
                 R/o Village - Tegharia, Ward no. 7, P.S. - Bahdurganj, Dist. - Kishanganj.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Nafisuzzoha, Advocate
                 For the Opposite Party/s :        Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   25-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Jokihat P.S. Case No. 269 of 2025 instituted for the offence

                   under Section 309(4) of the Indian Penal Code and Sections

                   25(1-B)a, 26, 27 & 35 of the Arms Act.

                           3.       The prosecution case, in brief, is that on

                   13.08.2025 the informant, while transporting iron rods and

                   returning with Rs. 3,02,200/- in cash, was intercepted near

                   ‘Kesarra’ River by two unknown motorcyclists who fired upon

                   him causing injury to his leg and looted the said cash. It is

                   alleged that the accused Md. Shahabuddin @ Sharad and Md.

                   Kasim were apprehended by local people near Charghariya
Patna High Court CR. MISC. No.14990 of 2026(2) dt.25-02-2026
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          Chowk after their motorcycle met with an accident, from whose

          possession a pistol, country-made firearm, live cartridges and a

          mobile phone were recovered, though the looted cash could not

          be recovered.

                  4.      It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. Petitioner is not named in the FIR. During investigation

          apprehended co-accused person disclosed the name of the

          petitioner. Informant has not identified as to who has fired the

          shot while fleeing away. Nothing has been recovered from the

          conscious possession of the petitioner. There is no compliance

          of Section 103 of the BNSS, 2023. Petitioner bears no criminal

          antecedent. Charge sheet has already been submitted in this

          case. Other co-accused has been granted bail by this Court vide

          order dated 03.02.2026 passed in Cr. Misc. No. 77627 of 2025.

                  6.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner. It is

          submitted that in the present case two miscreants fired upon the

          informant causing injury to his leg, hence, the petitioner does

          not deserve the privilege of anticipatory bail.

                  7.      Considering the aforesaid facts and circumstances

          of the case, this Court is not inclined to grant anticipatory bail to
           Patna High Court CR. MISC. No.14990 of 2026(2) dt.25-02-2026
                                                       3/3




                     the petitioner. Prayer for grant of anticipatory bail of the

                     petitioner is hereby rejected.

                             8.      However, if the petitioner surrenders before the

                     court below within a period of four weeks from today and prays

                     for regular bail, the same would be considered by the court

                     below in accordance with law without being prejudiced by the

                     order of this Court.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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