Patna High Court
Khursheed Alam @ Kharsheed AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to prescribed conditions.
Summary
The petitioner, Khursheed Alam, applied for anticipatory bail after being named in an FIR for offences under the B.N.S.S. 2023 and the Arms Act, based solely on the confessional statement of a co-accused who was caught with a pistol and ammunition. The petitioner argued that no incriminating material was recovered from him, he was not present at the scene, and he has a clean criminal record. The State opposed the bail, citing the co-accused’s statement naming the petitioner. The Court examined the lack of direct evidence against the petitioner and his clean antecedent, and concluded that anticipatory bail was appropriate. Accordingly, the Court granted anticipatory bail subject to a bond, sureties, and conditions under Section 482(2) of the B.N.S.S. 2023, including appearing before the trial court and not tampering with evidence.
Issues considered
- Whether anticipatory bail should be granted when the only basis of accusation is a co-accused's confessional statement and no material evidence is found on the petitioner.
- Whether the petitioner’s clean antecedent and absence of direct evidence justify the grant of anticipatory bail under Section 482(2) of the B.N.S.S. 2025.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- B.N.S.S., 2023 — s. 109, 115(2), 126(2), 3(5), 351(2)
Subjects
- anticipatory bail
- confessional statement
- co-accused
- clean antecedent
- Arms Act
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84182 of 2025
Arising Out of PS. Case No.-200 Year-2025 Thana- CHHAURADANO District- East
Champaran
======================================================
Khursheed Alam @ Kharsheed Alam S/O Munna Ansari Resident of Village-
Semarhiya, P.S.- Chhauradano, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Ansiur Rahman, Adv.
For the Opposite Party/s : Ms.Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 11-02-2026 Heard Mr. Md. Anisur Rahman, learned counsel for
the petitioner and the learned APP for the State.
2. This application for grant of anticipatory bail arises
out of Chhauradano Police Station Case No. 200 of 2025 dated
29.06.2025, disclosing the offence under Sections 126(2),
115(2), 109, 351(2) and 3(5) of the BNS and under Sections
25(1-B) (a), 26, 35 of the Arms Act lodged by the informant,
Prabhat Kumar.
3. As per the prosecution case, the informant/police
after receiving the information of altercation between some
miscreants, they started to search out the miscreants and during
course of search, they found two persons fleeing away, namely,
Zahir Imam and this petitioner. Taking benefit of darkness, the
petitioner, allegedly, succeeded in his escape while the accused,
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Zahir Imam was caught. The police searched him and recovered
one mobile phone, one country made pistol (Katta), two live
cartridges and one empty magazine of pistol from his
possession. Accordingly, the present FIR.
4. Learned counsel for the petitioner submits that the
petitioner has not committed any offence as alleged in the FIR
and he has falsely been implicated in this case and only on the
basis of confessional statement of the co-accused, Zahir Imam.
He further submits that from the FIR itself, it is evident that
there is nothing specific against this petitioner and nothing
incriminating has been recovered from the conscious possession
of the petitioner except confessional statement of the co-
accused. It has next been submitted that the petitioner has got
clean antecedent and he is ready to abide by all the conditions as
imposed by the Court.
5. On the other hand, learned APP opposes the
prayer for anticipatory bail of the petitioner submitting that his
name has been disclosed by the co-accused who has been
arrested by the police.
6. After having heard learned counsel for the
parties and taking into consideration the fact that nothing
incriminating has been recovered from the petitioner, neither he
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was present at the place of occurrence, there is nothing specific
against him except confessional statement of the co-accused and
the petitioner has got no criminal antecedent, this Court is
inclined to grant the petitioner the privilege of anticipatory bail.
7. This application for anticipatory bail is,
accordingly, allowed.
8. Let the petitioner, named above, in the event of
his arrest or surrender before the Court below within six weeks
from today, 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 learned Sub-Divisional Judicial
Magistrate, Motihari, East Champaran in connection with
aforesaid Police Station Case subject to the condition as laid
down under Section 482 (2) of the B.N.S.S. 2023, as well as the
following conditions:-
(i) one of the bailors should
be the family member/relative of the
petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall
appear on each and every date before
the Trial Court and failure to do so for
two consecutive dates without
plausible reason will entail
cancellation of his bail bond by the
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Trial Court itself;
(iii) the petitioner(s) shall in
no way try to induce or promise or
threat the witnesses or tamper with the
evidences, failing which the State shall
be at liberty to take steps for
cancellation of the bail
(iv) the petitioner(s) shall
desist from committing any criminal
offence again, failing which the State
shall be at liberty to take steps for
cancellation of his/her bail bonds.
(Ajit Kumar, J)
perwez
U T
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