Patna High Court
Jamil Akhtar @ Jamil @ Md. Jamil AkhtarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to strict conditions.
Summary
The petition filed by Jamil Akhtar, who has been in custody since 27 July 2022, sought bail in a case registered under Section 394 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution alleged that the petitioner was involved in an armed robbery of cash and a scooter, and highlighted his eighteen prior criminal antecedents, though noting he was already on bail for those matters. The petitioner’s counsel argued that he was never named in the FIR, his name emerged only from a co‑accused’s confession, no material was recovered from him, and the victim could not identify him. The court examined the length of custody, the lack of direct evidence linking the petitioner, and the prosecution’s stance, and decided to grant bail. Bail was ordered on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of his criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under IPC 394 and the Arms Act.
- Whether the petitioner’s extensive criminal antecedents preclude the grant of bail.
- Whether the petitioner’s alleged involvement is sufficiently established given the absence of his name in the FIR and lack of identification by the victim.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 394
Subjects
- bail
- criminal antecedents
- IPC 394
- Arms Act 27
- identification
- confession
- custody
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29712 of 2026
Arising Out of PS. Case No.-83 Year-2022 Thana- AAJAM NAGAR District- Katihar
======================================================
Jamil Akhtar @ Jamil @ Md. Jamil Akhtar S/o Shohrab Mallah @ Md.
Sohrab Resident of Village - Sahjana, P.S. - Azamnagar, District - Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-05-2026 Heard Mr. Bimal Kumar, learned counsel for the
petitioner as well as Mr. Amitesh Kumar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
27.07.2022 in connection with Azamnagar (Salmari O.P) P.S.
Case No. 83 of 2022, F.I.R. dated 04.04.2022 for the offences
punishable under Sections 394 of the Indian Penal Code and
Section 27 of Arms Act.
3. According to prosecution case, the informant runs a
CSP centre and she was going to distribute the cash to her centre
by scooty and in way, 3 miscreants intercepted her and on point
of arms they took away her scooty and cash of Rs. 50,000/- and
fled away from there.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.29712 of 2026(2) dt.07-05-2026
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petitioner is innocent and he has falsely been implicated in the
present case. Petitioner is not named in the FIR and his name
transpired during investigation on the basis of confessional
statement of co-accused person and nothing has been recovered
from the conscious possession of the petitioner. He next submits
that informant was examined before the learned Trial Court and
she could not identify the petitioner and similarly situated co-
accused, namely, Dilkhush has been granted the privilege of bail
by this Court vide order dated 23.02.2023 in Cr. Misc.No.
63223 of 2022. He further submits that the police after
investigation submitted the charge sheet against the petitioner
and the petitioner is in custody since 27.07.2022.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries eighteen criminal antecedents
other than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in the said matters.
6. Considering the aforesaid facts and as well as
period of custody, let the petitioner, above named, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.29712 of 2026(2) dt.07-05-2026
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the learned District & Additional Session’s Judge-III, Katihar in
connection with Azamnagar (Salmari O.P) P.S. Case No. 83 of
2022 subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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