Patna High Court
Yasir Imam @ Md. Yasir ImamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The petition is disposed, with the petitioner directed to seek anticipatory bail from the lower court subject to verification of a genuine compromise.
Summary
The petitioner, Yasir Imam, feared arrest in a criminal case (Bihar Sharif P.S. Case No. 121 of 2026) alleging offences under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The prosecution alleged that he, along with others, fired at the victim causing injuries. The petitioner’s senior counsel contended his innocence and that the parties had amicably resolved their dispute through a compromise. The High Court, after hearing both sides, disposed of the petition, directing the petitioner to approach the lower court with an anticipatory bail application supported by the compromise. The lower court is to verify the genuineness of the compromise and, if satisfied, grant anticipatory bail on a bail bond of Rs. 10,000 with two sureties; otherwise, it must decide the bail application according to law.
Issues considered
- Whether the petitioner is entitled to anticipatory bail pending verification of a compromise.
- Whether a compromise between the parties can influence the grant of anticipatory bail in a case involving offences under the Bharatiya Nyaya Sanhita and the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 3(5)
Subjects
- anticipatory bail
- compromise
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38636 of 2026
Arising Out of PS. Case No.-121 Year-2026 Thana- BIHAR District- Nalanda
======================================================
Yasir Imam @ Md. Yasir Imam S/O Md. Islam Resident of Mohalla - Kagzi,
Police Station Bihar, District -Nalanda. At Present Resident of Mohalla Fraser
Road, Grand Chandra Complex, P S. Kotwali, Dist - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Shiv Kumar Yadav S/O Late Baijnath Yadav Resident of Village Nakatpura,
Kashochak, Post Murauna, P.S. - Bihar, Dist. - Nalanda.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. P.N. Shahi, Sr. Advocate
Mr. Sanjay Kumar Tiwary
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 06-07-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Bihar Sharif P.S. Case No. 121 of 2026 registered for offences
under Sections 126(2), 115(2), 109(1) and 3(5) of the Bharatiya
Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner along
with the other accused persons is alleged to have fired at the
victim thereby causing injuries.
4. Learned Senior counsel for the petitioner submits
that the petitioner is innocent and has not committed any
offence. It is further submitted that the parties have amicably
Patna High Court CR. MISC. No.38636 of 2026(4) dt.06-07-2026
2/2
resolved their disputes and have entered into a compromise.
5. In view of the aforesaid submissions, the present
application is disposed of with liberty to the petitioner to
approach the Court below by filing an application for
anticipatory bail along with a compromise petition.
6. If any such application is filed, the Court below
shall verify the compromise entered into between the parties. If
the compromise is found to be genuine and is duly supported by
Opposite Party No. 2, the petitioner shall be released on
anticipatory 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 the learned Court below
where the case is pending or its successor Court.
7. In the event the compromise is found not to be
genuine or is not supported by Opposite Party No. 2, the Court
below shall pass an appropriate order on the anticipatory bail
application in accordance with law.
(Sandeep Kumar, J)
Shishir/-
U T
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