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Patna High Court

Md. Amir Jalal @ Amir JalalversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is eligible for bail and ordered his release on bail.

Summary

The petitioner, Md. Amir Jalal, was arrested for murder under Sections 103(1) & 61(2) of the Bharatiya Nyaya Sanhita and for an offence under Section 27 of the Arms Act. The prosecution alleged that he, along with four others, fired at the informant’s husband, resulting in his death, and that the crime was linked to a land‑mafia gang. The petitioner’s counsel argued that the only incriminating material against him was a confessional statement of a co‑accused, Md. Afsar, and that the eye‑witness statement of Intekhaab Alam did not directly implicate the petitioner. The State opposed bail, citing two prior criminal cases. After hearing both sides, the court granted regular bail on a bond of Rs.10,000 with two sureties and directed the trial court to verify the petitioner’s antecedents.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged with murder and an arms offence and the existence of a co‑accused’s confessional statement.
  • Whether the petitioner’s prior criminal antecedents justify denial of bail.

Legislation cited

Subjects

  • bail
  • murder
  • arms act
  • confessional statement
  • criminal antecedents
  • land mafia
  • regular bail
  • Indian criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22567 of 2026
                   Arising Out of PS. Case No.-779 Year-2025 Thana- PHULWARISHARIF District- Patna
                 ======================================================
                 Md. Amir Jalal @ Amir Jalal S/o Md. Jalaluddin Khan @ Jalaluddin Ahmad
                 R/o Village- Maulabagh Nausa, PS- Phulwari Sharif, Distt- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Kundan Kumar Ojha, Advocate
                 For the Opposite Party/s :      Mr.Sunil Kumar Pandey, APP
                 For the Informant        :      Mr. Jagjit Roshan, Advocate
                                          :      Mr. Anjani Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   10-04-2026                    Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the Informant.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 103(1) &

                   61(2) of the Bharatiya Nyaya Sanhita and under Section 27 of

                   the Arms Act.

                                3. The case of the prosecution, in short, is that the

                   informant (wife of the deceased) was going along with her

                   husband Sayyad Anwar Alam and nephew Intekhaab Alam on

                   bike towards her farm from Haroon Nagar colony to Nohsha. It

                   is further alleged that the petitioner along with other four

                   persons started firing at informant’s husband and he died due to

                   bullet injuries. All the assailants fled away. The informant
Patna High Court CR. MISC. No.22567 of 2026(2) dt.10-04-2026
                                            2/3




          alleges that her husband has been killed at the behest of other

          named ten accused persons. All these persons are working in the

          gang of land mafia Naushad Mallick.


                       4. Learned counsel for the petitioner has submitted

          that from perusal of the FIR it is clear that the informant and

          Intekhaab Alam were the eye-witness of this case. Intekhaab

          Alam has given his statement under Section 161 Cr.P.C. in

          paragraph ‘87’ of the case diary wherein he has stated that he

          was going to see the fields. Shahrukh and Md. Afsar pointed

          gun at his uncle. When the uncle of Intekhaab, i.e. deceased

          objected, Md. Afsar shot at him and it is further alleged that

          Afsar again fired at the deceased. Intekhaab has seen other

          persons in a four wheeler. So from the statement of eye-witness

          Intekhaab it is clear that the deceased has received two firearm

          injuries. During course of investigation, Md. Afsar has also

          given his confessional statement and has stated that this

          petitioner and others have told him to kill the deceased and in

          return he will be given Five Lakh rupees and one kattha of land.

          Save and except the confessional statement of the co-accused

          persons, there is nothing against the petitioner. Moreover, the

          main thrust of allegation is against Md. Afsar who has fired at

          the deceased. Learned counsel for the petitioner has submitted
            Patna High Court CR. MISC. No.22567 of 2026(2) dt.10-04-2026
                                                        3/3




                      that the petitioner is languishing in judicial custody since

                      12.12.2025.


                                   5. Learned Additional Public Prosecutor for the State

                      and learned Senior counsel for the Informant have vehemently

                      opposed the bail and has submitted that the petitioner is having

                      criminal antecedent of two cases.


                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Phulwari Sharif P.S. Case No. 779 of 2025 on furnishing bail

                      bond of Rs.10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of learned court of A.C.J.M.-

                      IVth, Patna.

                                   7. It is further directed that while accepting the bail

                      bond of the petitioner, the learned trial court shall verify the

                      antecedents of the petitioner.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U


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