Patna High Court
Adnan Karimi @ Advan KarimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Adnan Karimi, sought bail fearing arrest in a case (PS No. 349 of 2025) alleging offences under several sections of the B.N.S.S. and Section 27 of the Arms Act, including assault with a pistol and firing at an informant. The prosecution alleged that the petitioner and co‑accused assaulted the informant with the butt of a pistol and a lathi, and that co‑accused Parvej Alam fired a shot that struck the informant, with additional missed shots by the petitioner and others. The petitioner contended that he was falsely implicated in a retaliatory case arising from a land dispute, that the injury report showed only blunt‑object injuries, and that he had a clean antecedent. The State opposed the bail application. Considering the background of a land dispute, the possibility of false implication, and the petitioner’s clean record, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the B.N.S.S. and attendance requirements.
Issues considered
- Whether bail should be granted to the petitioner in view of the alleged offences under the B.N.S.S. and the Arms Act
- Whether the allegations of false implication arising from a land dispute warrant bail
Legislation cited
Subjects
- bail
- false implication
- land dispute
- assault
- Arms Act
- criminal procedure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28700 of 2026
Arising Out of PS. Case No.-349 Year-2025 Thana- BUNIYAD GANJ District- Gaya
======================================================
Adnan Karimi @ Advan Karim S/o Nasar Hassan R/o Vill- Abgila Muffassil,
P.S.- Muffasil, Distt- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abdul Mannan Khan, Advocate
Mr. Hafiz Shahbaz Arif, Advocate
For the Opposite Party/s : Mr.Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner is
apprehending his arrest in connection with Buniyadganj P.S.
Case No. 349 of 2025 registered for the offences under Sections
126(2), 115(2), 109, 351(2), 352, 3(5) of BNS and Section 27 of
the Arms Act.
3. As per prosecution case, the petitioner and
other co-accused persons assaulted the informant with butt of
pistol and lathi and co-accused Parvej Alam fired upon him and
the shot hit him in chest. Thereafter, the petitioner and two other
co-accused persons also fired upon the informant with their
pistols but the shot missed the informant.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.28700 of 2026(2) dt.30-04-2026
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case. The present case is counter blast of Buniyadganj P.S. Case
No. 350 of 2025 which has been instituted by co-accused Md.
Parvej Alam as the informant and some other persons assaulted
him and the present informant fired upon him. Learned counsel
further submits that there is land dispute between two groups
and prior to lodging of these two cases, Circle Officer, Manpur
has instituted Buniyadganj P.S. Case No. 348 of 2025 against
the persons of both sides but the petitioner has not been named
in the said FIR. Learned counsel further submits that the injury
report of the informant falsifies the allegation made against the
petitioner and other co-accused persons as no firearm injury has
been found upon the informant and the injuries are only
laceration and abrasion and both the injuries have been caused
by hard and blunt object and the injuries are quite simple.
Learned counsel further submits that even for causing injury by
butt of pistol and lathi allegation has been made against a
number of co-accused persons and not only against the
petitioner, who has got clean antecedent.
5. Learned APP opposes the submission made on
behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
Patna High Court CR. MISC. No.28700 of 2026(2) dt.30-04-2026
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case and counter version in the background of land dispute and
possibility of false implication along with clean antecedent of
the petitioner, let the petitioner above named, in the event of his
arrest or surrender before the court concerned within a period of
eight weeks from today, be released on bail, on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two
sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate-VIII, Gaya/concerned
court in connection with Buniyadganj P.S. Case No. 349 of
2025, subject to the condition as laid down under Section 482(2)
of the B.N.S.S. and other following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below, if so required by the
learned trial court.
(Arun Kumar Jha, J)
DKS/-
U T
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