Patna High Court
Jamal @ Md Jamal @ ZamalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
Anticipatory bail is granted to the petitioner subject to specified conditions under Section 482(2) of the B.N.S., 2023.
Summary
Jamal, a resident of Gilhabari, sought anticipatory bail fearing arrest in a case involving alleged preparation of fake Aadhar cards and related offences under the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Information Technology Act. The prosecution alleged that a raid on a neighbour's house recovered counterfeit documents, a printer, and both Nepali and Indian currency, implicating Jamal as a co-accused. Jamal contended he had no possession of any incriminating material, maintained a clean antecedent, and highlighted that a similarly situated co-accused had already been granted anticipatory bail. The State opposed the bail, arguing the seriousness of the allegations. The Court, considering the facts, the precedent of bail to the co-accused, and the petitioner’s assurances, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the B.N.S., 2023, including appearance before the trial court and non‑interference with witnesses.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the nature of the allegations and the petitioner’s relationship to the co-accused justify the grant of bail.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or committing further offences.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 318(4), 336(3), 338, 340(2), 3(5), 482(2), 61(2)
- Information Technology Act — s. 66(C), 66(D)
Subjects
- anticipatory bail
- fake Aadhar cards
- cybercrime
- Section 66C
- Section 66D
- B.N.S. 2023
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20585 of 2026
Arising Out of PS. Case No.-14 Year-2025 Thana- JIYAPOKHAR District- Kishanganj
======================================================
Jamal @ Md Jamal @ Zamal S/O Israil R/O Vill.- Gilhabari ward no. 2, P.S.-
Jiapokhar, District- Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate.
For the Opposite Party/s : Ms. Nirmala Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 15-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Jiyapokhar P.S. Case No.14 of 2025 instituted under
Sections 338, 336(3), 340(2), 318(4), 61(2), 3(5) of the B.N.S.,
2023 and Sections 66(C), 66(D) of the I.T. Act.
3. As per the prosecution case, the informant alleged
that on information of preparation of fake Aadhar Cards, the
house of one Asraful was raided and all the incriminating
documents, printer, Nepali currency, Indian currency were
recovered beside a motorcycle that was parked there.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case with ulterior motive. He further submits that no
Patna High Court CR. MISC. No.20585 of 2026(2) dt.15-04-2026
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incriminating article was recovered from the conscious
possession of the petitioner. Learned counsel submits that the
petitioner has no concern with the co-accused Asraful as he is
only his neighbor. He further submits that similarly situated co-
accused, namely, Md. Zahid Raza has already been granted
anticipatory bail by the Co-ordinate Bench of this Court vide
order dated 19.11.2025 passed in Cr. Misc. No.74805 of 2025.
He further submits that the petitioner has got clean antecedent
and he undertakes to cooperate in the investigation and trial of
the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation leveled against the petitioner as well as the
fact that similarly situated co-accused person has already been
granted anticipatory bail, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner be released on bail upon furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount to each to the satisfaction of the learned Chief Judicial
Magistrate, Kishanganj/ concerned Court in connection with
Patna High Court CR. MISC. No.20585 of 2026(2) dt.15-04-2026
3/3
Jiyapokhar P.S. Case No.14 of 2025, subject to the conditions
laid down in Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023 with further following conditions:-
(i) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(ii) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidence,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iii) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bond.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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