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Patna High Court

Samir @ Md. SamirversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner.

Summary

The petitioner, Samir, sought anticipatory bail fearing arrest in a case registered under Sections 103(2), 61(2) and 3(5) of the B.N.S. and Section 27 of the Arms Act for the alleged shooting of an informant’s brother. The prosecution’s case is that four unidentified persons on motorcycles fired the fatal shots, and the petitioner’s name only surfaced during investigation through a co‑accused’s confessional statement and the arrest of the co‑accused at the petitioner’s sister’s house. No FIR named the petitioner and there was no other material linking him to the offence; the petitioner also asserted clean antecedents. The State and the informant opposed the bail, arguing the seriousness of the offences. The Court, considering the lack of direct evidence, the general nature of the accusation and the petitioner’s clean record, granted anticipatory bail with a bond of Rs 10,000 and two sureties, subject to Section 482(2) of the B.N.S.S. and a time‑limit of eight weeks. The order directs that the bail be enlarged by the Judicial Magistrate‑1st Class, Bihar Sharif, upon compliance with the stipulated conditions.

Issues considered

  • Whether anticipatory bail can be granted when the petitioner is not named in the FIR and the only allegation stems from a co‑accused’s confession.
  • Whether the alleged offences under Sections 103(2), 61(2), 3(5) of the B.N.S. and Section 27 of the Arms Act justify denial of anticipatory bail.
  • Whether the petitioner’s clean antecedents and lack of material evidence warrant the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • clean antecedents
  • co‑accused confession
  • Arms Act
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80861 of 2025

                       Arising Out of PS. Case No.-87 Year-2025 Thana- NALANDA District- Nalanda
                 ======================================================
                 Samir @ Md. Samir S/o Jahid Hussain @ Md. Jahid Hussain R/o Vill-
                 Khankah, Nabab Toli Kohna Sarai, P.S.- Laheri, Distt- Nalanda

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :       Mr. Rudal Singh, Advocate
                 For the State            :       Mr. Lalan Kumar, APP
                 For the Informant        :       Ms. Vaishnavi Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   15-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioner, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 103(2),

                   61(2) and 3(5) of the B.N.S. and Section 27 of the Arms Act.

                                3. The prosecution case, in brief, is that four unknown

                   persons, riding on two motorcycles, shot brother of informant

                   due to which he died.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. Petitioner is not named in the F.I.R..
Patna High Court CR. MISC. No.80861 of 2025(3) dt.15-01-2026
                                            2/3




          Name of petitioner transpired in this case during course of

          investigation only on the basis of confessional statement of co-

          accused person and the only material that has come against this

          petitioner is that one of the co-accused persons, who was

          identified by the informant, was arrested from the house of

          sister of this petitioner. Save and except the same, there is no

          material on record to show the complicity of this petitioner in

          the alleged offence. Petitioner claims clean antecedents.

                       5. Learned A.P.P. for the State and learned counsel for

          the informant have vehemently opposed the prayer for grant of

          anticipatory bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation and clean

          antecedents of the petitioner,the prayer for grant of anticipatory

          bail to the petitioner is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Judicial Magistrate-1st Class,

          Bihar Sharif, Nalanda in connection with Nalanda P.S. Case No.

          87 of 2025, subject to condition as laid down under Section
             Patna High Court CR. MISC. No.80861 of 2025(3) dt.15-01-2026
                                                         3/3




                       482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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