Patna High Court
Jamil @ JamileelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioners subject to a bond and conditions under section 482(2) of the BNSS.
Summary
The petitioners, Jamil and Fahad, sought bail after being named in a FIR alleging participation in a violent clash on 28‑06‑2025 over a land dispute, during which the informant's son was killed by an arrow allegedly fired by co‑accused Md Azam. The petitioners contended they were involved in a "free fight" and bore no responsibility for the fatal injury, noting the absence of any injury report against them. The State and the informant opposed bail, emphasizing the serious nature of the charges under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Arms Act. The Court examined the investigation material, the fact that similarly situated co‑accused had already been granted bail, and the lack of direct evidence linking the petitioners to the homicide. Accordingly, the Court ordered bail for the petitioners upon furnishing a bond of Rs 10,000 with two sureties each, subject to conditions under section 482(2) of the BNSS.
Issues considered
- What is the appropriateness of granting bail to the petitioners under the BNSS given the serious charges including murder and weapons offences?
- Whether the petitioners' alleged involvement in a land‑dispute clash, without direct evidence of causing the fatal injury, justifies bail?
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita — s. 103(1), 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 303(2), 352, 482(2)
Subjects
- bail
- criminal procedure
- land dispute
- assault
- murder
- arms act
- BNSS
- section 482
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17523 of 2026
Arising Out of PS. Case No.-225 Year-2025 Thana- BHARGAMA District- Araria
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1. Jamil @ Jamileel Son of Late Imaruddin Resident of village-Akarthapa
Panchayat Bishahariya, Police Station-Bhargama, District-Araria.
2. Fahad Son of Jimal @ Jamil Resident of village-Akarthapa Panchayat
Bishahariya, Police Station-Bhargama, District-Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, APP
For informant : Mr. Alok Kumar Singh, Advocate
Mr. Navjot Yeshu , Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 12-05-2026 Heard learned counsel for the petitioners, informant
and the State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 191(2),
191(3), 190, 126(2), 115(2), 118(1), 109, 103(1), 303(2), 352 of
the B.N.S. and section 27 of the Arms Act.
3 . As per prosecution case, on 28.06.2025, all the 54
FIR named accused persons including these petitioners and
20/25 unknown accused persons, armed with sticks, spears,
arrows, bows, axes, iron rods, guns, swords etc came to the
informant’s land and started abusing the informant and his
family members. Specific allegation of giving arrows injury on
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the stomach of informant’s son causing his death, is against co-
accused Md. Azam. Accused persons snatched cash and
ornaments from the informant’s side. Accused persons took
away some cash and ornaments from the informant side .
4. Learned counsel appearing for the petitioners
submits that a free fight took place between the parties on
account of land dispute in which both sides sustained injuries.
These petitioners are not assailant of the deceased. As per FIR,
co-accused Md. Azam assaulted informant’s son with bow and
arrow, causing injury in his stomach leading to death. No injury
report is on the record with respect to injuries caused by these
petitioners to informant’s family members. Similarly situated
co-accused persons have already been granted bail by this
Hon’ble Court vide order dated 27.04.2026 in Cr. Misc. No.
26238 of 2026 .
5 . Learned counsel for the State as well as informant
vehemently opposed the bail petition .
6 Considering the nature of accusation, materials
collected during investigation and other circumstances of the
case , in the event of arrest or surrender within eight weeks from
today, let the petitioners, as named above, be enlarged on bail on
furnishing bail bond of Rs.10,000/-(ten thousand) each with two
Patna High Court CR. MISC. No.17523 of 2026(3) dt.12-05-2026
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sureties of the like amount each to the satisfaction of the learned
Judicial Magistrate 1 st class, Araria in connection with
Bhargama P.S. Case No. 225 of 2025 , subject to the conditions
laid down under section 482 ( 2 ) of the Bharatiya Nagarik
Suraksha Sanhita ( BNSS) , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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