Patna High Court
Md. Amir Jalal @ Amir JalalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 61(2)
- Code of Criminal Procedure, 1973 — s. 161
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
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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
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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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