Patna High Court
Jahir Imam @ Zahir ImamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner as the circumstances did not justify continued detention.
Summary
Jahir Imam was arrested on 30 June 2025 in connection with a case involving alleged offences under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. Police acted on information about two armed criminals assaulting a man near Purushottampur Gangiya Pokhara, recovered a mobile phone, live cartridges, an empty pistol magazine and a country‑made pistol from the petitioner’s possession. The petitioner contended that he was falsely implicated, that no material was recovered from his conscious possession, and that procedural safeguards under Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 were not observed. The State opposed bail, citing the seriousness of the charges and the petitioner’s prior criminal antecedents. After considering the facts, the period of custody already endured, and the lack of concrete evidence linking the petitioner to the alleged crime, the court inclined to grant bail. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail despite the charges under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act.
- Whether the procedural requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 were complied with in the petitioner’s arrest.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 351(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- false implication
- procedural compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72974 of 2025
Arising Out of PS. Case No.-200 Year-2025 Thana- CHHAURADANO District- East
Champaran
======================================================
Jahir Imam @ Zahir Imam Son of Sheikh Bhikhari Resident of Village -
Semrahiya(Simrahiya), P.S. - Chhauradano, District - East Champaran
Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Karandeep Kumar, Advocate
For the Opposite Party/s : Mr.Amitesh Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Chhauradano P.S. Case No. 200 of 2025, instituted for the
offences under Sections 126(2), 115(2), 109, 351(2), 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and Section 25(1-B)a, 26 and 35
of the Arms Act.
3. Prosecution case, in short, is that on 28.06.2025
informant received information regarding gathering of two
criminals armed with weapons, who have assaulted a man near
the Purushottampur Gangiya Pokhara. Thereafter, Police
personnel reached there and two persons were found injured,
Patna High Court CR. MISC. No.72974 of 2025(3) dt.13-01-2026
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who disclosed their names as Aziz Alam and Sartaj Alam. On
chase, petitioner was apprehended on the spot. On search,
mobile phone, two live cartridges and an empty pistol magazine
and country made pistol have been recovered from waist of the
petitioner.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submits that general and
omnibus allegation has been made against the petitioner. No
recovery has been made from the conscious possession of the
petitioner. It has been submitted on behalf of the petitioner that
the petitioner is in custody since 30.06.2025 and has two
criminal antecedents. The petitioner has not been put on T.I.P. to
ascertain his participation in the present case. There is no
compliance of Section 103 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.72974 of 2025(3) dt.13-01-2026
3/3
below/concerned Court in connection with Chhauradano P.S.
Case No. 200 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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