Patna High Court
Shamsher Reza @ Shamsher Alam @ Shamser AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
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
- Arms Act — s. 25(1-B)a, 26, 27, 35
- BNSS, 2023 — s. 103
- Indian Penal Code — s. 309(4)
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
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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
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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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