Patna High Court
Amir KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to Amir Khan, while anticipatory bail was denied to Zubair Anjum and Khalid Anjum.
Summary
The Patna High Court considered two bail applications arising from Amas Police Station Case No. 233 of 2024 (Sessions Case No. 354 of 2025) involving offences under the Bihar Narcotic Substances Act, 2023 and the Arms Act. Amir Khan, who had been in custody since 9 December 2024, claimed he was falsely implicated and that his name was added to the FIR after four months, with no allegation of tampering or witness intimidation. The State opposed his bail, but the court, noting the lack of any complaint against him and the absence of evidence of interference, granted him bail on a Rs 10,000 bond with conditions of regular police‑station attendance. In a separate application, petitioners Zubair Anjum and Khalid Anjum sought anticipatory bail, alleging they were named only in the statement of the victim, Photo Khan. The court, however, found the allegations of their participation in the shooting credible and therefore refused anticipatory bail, withdrawing earlier interim protection and ordering their surrender. The orders were limited to bail considerations and did not prejudice the merits of the criminal trial.
Issues considered
- Whether bail should be granted to Amir Khan pending trial for offences under the BNS Act, 2023 and the Arms Act.
- Whether anticipatory bail should be granted to Zubair Anjum and Khalid Anjum in the same case.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- Bihar Narcotic Substances Act, 2023 — s. 109, 111, 3(5), 61(2)
Subjects
- bail
- anticipatory bail
- criminal procedure
- Arms Act
- Bihar Narcotic Substances Act
- evidence
- custody
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76325 of 2025
Arising Out of PS. Case No.-233 Year-2024 Thana- AMAS District- Gaya
======================================================
Amir Khan S/o Late Anwar Ali Khan @ Anwar Khan R/o Village- Sihulee,
P.S.- Amas, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 87665 of 2025
Arising Out of PS. Case No.-233 Year-2024 Thana- AMAS District- Gaya
======================================================
1. Zubair Anjum S/o Late Akbar Imam R/o Village - Shabajpur, P.s -
Shakurabad, District - Jehanabad
2. Khalid Anjum S/o Late Akbar Imam R/o Village - Shabajpur, P.s -
Shakurabad, District - Jehanabad
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 76325 of 2025)
For the Petitioner/s : Mr.Gajendra Kumar Singh
For the Opposite Party/s : Mr.Anant Kumar 1
(In CRIMINAL MISCELLANEOUS No. 87665 of 2025)
For the Petitioner/s : Mr.Dr.Kamal Deo Sharma
For the Opposite Party/s : Mr.Nagendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 10-04-2026 Re:-Criminal Miscellaneous No. 76325 of 2025.
Heard the parties including the learned counsel for
the informant.
2. The petitioner seeks bail in connection with
Amas P.S. Case No. 233 of 2024 / Sessions Case No. 354 of
Patna High Court CR. MISC. No.76325 of 2025(6) dt.10-04-2026
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2025 registered for the offence under Sections 111, 109, 61(2),
3(5) of the BNS, 2023 and under Sections 25(1-b)a, 26, 35, 27
of the Arms Act.
3. As per the prosecution case, one Photo Khan,
who is having 20 criminal antecedents, has been shot by the
accused persons in Court campus.
4. The petitioner is in custody since 9.12.2024.
5. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. He further submits that the
petitioner was not named in the FIR and Photo Khan has taken
his name who has been examined for the first time by the police
after four months of the alleged occurrence. He next submits
that naming of the petitioner after four months creates doubt in
the involvement of the petitioner in the crime and there is no
allegation against the petitioner that he has tried tampered with
the evidence or had tried to threaten the witnesses while in
custody.
6. Learned counsel for the State and the Informant
have opposed the application of the petitioner.
7. I have heard and considered the submission of
the parties.
Patna High Court CR. MISC. No.76325 of 2025(6) dt.10-04-2026
3/5
8. Pursuant to the direction of this Court, the SHO
of Amas Police Station and the I.O. of the case have appeared
personally and they have also not made any complaint against
the petitioner.
9. Considering the aforesaid facts, this application
is allowed.
10. 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
the learned concerned Court below in connection with Amas
P.S. Case No. 233 of 2024 / Sessions Trial No. 354 of 2025.
11. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Amas Police Station on first and third Sunday of each month.
Any default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
12. As a condition of this order, the petitioner, after
being released on bail, is directed to co-operate in the trial either
by appearing personally or through his lawyer in the trial Court
on each and every date fixed by the trial Court. Non-compliance
of the condition will result in cancellation of the bail bonds of
the petitioner.
Patna High Court CR. MISC. No.76325 of 2025(6) dt.10-04-2026
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13. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
Re:-Criminal Miscellaneous No. 87665 of 2025.
14. Heard the parties including the learned counsel
for the informant.
15. The petitioners apprehend their in connection
with Amas P.S. Case No. 233 of 2024 / Sessions Case No. 354
of 2025 registered for the offence under Sections 111, 109,
61(2), 3(5) of the BNS, 2023 and under Sections 25(1-b)a, 26,
35, 27 of the Arms Act.
16. As per the prosecution case, one Photo Khan,
who is having 20 criminal antecedents, has been shot by the
accused persons in Court campus.
17. The name of the petitioner has come in the
statement of Photo Khan.
18. Considering the allegation against the petitioners
that they have participated in the alleged crime, this Court is not
inclined to grant anticipatory bail to the petitioners.
19. Accordingly, this application stands dismissed and
Patna High Court CR. MISC. No.76325 of 2025(6) dt.10-04-2026
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the interim protection granted to the petitioners vide order dated
06.02.2026, is hereby withdrawn.
20. The petitioners are directed to surrender within
one week failing which the Senior Superintendent of Police,
Gaya will take all steps for arrest of the petitioners.
21. The personal appearance of the police officials is
dispensed with.
22. Let a copy of this order be communicated to the
Senior Superintendent of Police, Gaya through FAX for its
compliance.
(Sandeep Kumar, J)
Vikas/-
U
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