Patna High Court
Ijhar Alam @ Ijhar MiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the petitioner's application for regular bail.
Summary
Ijhar Alam was arrested in connection with a murder alleged to have occurred during a chase, where co‑accused Katil Akhtar allegedly shot the victim. The petitioner was charged under Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. He contended that he did not fire the weapon, was not on the same motorcycle as the shooter, and that the main accusation was against Katil Akhtar. The State opposed bail, but the court, after considering the custody period and the nature of the allegations, granted regular bail with a cash bond of Rs.10,000 and two sureties, subject to monthly police‑station attendance and cooperation in trial. The order was made on a prima facie basis and does not prejudice the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the facts alleged against the petitioner justify denial of bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 61(2)
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- presumption of innocence
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20895 of 2026
Arising Out of PS. Case No.-708 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
Ijhar Alam @ Ijhar Miya Son of Late Naimuddin Ansari R/o Village -
Sariswa, P.S. - Harsidhi, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Harsidhi P.S. Case No. 708 of 2025 registered for the offence
under Section(s) 103(1), 61(2) of the Bharatiya Nyaya Sanhita,
2023 and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner, along
with other co-accused persons, was riding on two motorcycles
and chased the informant’s husband when he was returning
home, and co-accused Katil Akhtar shot him dead.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 19.10.2025. It is further submitted
that from the perusal of the FIR, it is clear that the main trust of
Patna High Court CR. MISC. No.20895 of 2026(2) dt.02-04-2026
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allegation is against one Katil Akhtar who has fired upon the
deceased and the petitioner was even not riding the same bike
on which Katil Akhtar was sitting. He also submits that co-
accused Md. Kalam @ Mohammad Kala Hussain has been
granted regular bail by a co-ordinate Bench of this Court in Cr.
Misc. No. 13678 of 2026 dated 12.03.2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
the period of custody, and the allegation levelled against the
petitioner, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Harsidhi P.S. Case
No. 708 of 2025 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Harsidhi Police Station on
the first Sunday of each month. Any default
in appearance at the Police Station would
result in cancellation of bail bond of the
petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
Patna High Court CR. MISC. No.20895 of 2026(2) dt.02-04-2026
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the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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