Patna High Court
Pintu Idrishi @ Pintu AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail may be granted to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, Pintu Idrishi and Samir Idrishi, applied for anticipatory bail fearing arrest in a case registered under Sections 109, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, based on an informant's allegation of their involvement in a shooting incident related to Sasaram PS Case No. 707 of 2023. The petitioners contended they have clean antecedents, were falsely implicated, and no one was injured in the alleged firing. The State opposed the bail, arguing the seriousness of the offences. The High Court, after considering the submissions, granted anticipatory bail subject to the petitioners furnishing bail bonds of Rs. 25,000 each with two sureties and cooperating with the investigation, invoking Section 482(2) of the BNSS. The Court also stipulated that bail could be cancelled if the petitioners fail to cooperate with the investigating officer.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita for the alleged offences.
- Whether the allegations made by the informant constitute sufficient ground to deny anticipatory bail.
- Whether conditions, including bail bonds and cooperation with investigation, can be imposed under Section 482(2) of the BNSS.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 3(5), 351(2), 482(2)
Subjects
- anticipatory bail
- false implication
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- Section 109
- Section 351(2)
- Section 3(5)
- Section 27
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86448 of 2025
Arising Out of PS. Case No.-1035 Year-2024 Thana- SASARAM NAGAR District- Rohtas
======================================================
1. Pintu Idrishi @ Pintu Alam S/o Late Mehroom Allau Indrishi @ Mhd.
Allauddin Residence of Village-Kotha Toli, P.S-Sasaram Nagar, District-
Rohtas, Bihar
2. Samir Idrishi @ Sameer Ahmed S/o Biru Idrishi @ Sabbir Hussain
Residence of Village-Kotha Toli, P.S-Sasaram Nagar, District-Rohtas, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jai Prakash Singh
For the Opposite Party/s : Mr.Md. Matloob Rab
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 109,
351(2) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27
of Arms Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that on 26-12-2024 at 1 PM, he received a call from
Riyaz, who disclosed that Bablu, Pintu and Md. Amir Idrish
want to meet him, accordingly the informant came to meet
them, when Bablu asked him to compromise Sasaram PS Case
Patna High Court CR. MISC. No.86448 of 2025(2) dt.22-01-2026
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No. 707 of 2023, on refusal, Bablu and Pintu fired but missed,
on hearing sound of firing, people gathered when accused fled.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that petitioners have no
concern with Sasaram PS Case No. 707 of 2023. It is also
submitted that no doubt it is alleged that Bablu and Pintu fired
but then no one was injured. It is further submitted that
informant alleges that he received a call from Riyaz, who
disclosed that the accused persons including the petitioners
intend to meet him, as such it is submitted that had the
informant feared the accused persons, in that event, he would
not have come to the place of occurrence. It is asserted and
submitted that petitioners do not have any concern with the
aforesaid Sasaram PS Case No. 707 of 2023. It is also submitted
that petitioners will not abscond rather will co-operate in the
investigation to prove their innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned trial court
Patna High Court CR. MISC. No.86448 of 2025(2) dt.22-01-2026
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within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs. 25,000/-
(Rupees Twenty-five Thousand) each with two sureties of the
like amount each to the satisfaction of the learned trial court
where the case is pending/successor court in connection with
Sasaram (Nagar) P.S. Case No. 1035 of 2024, subject to the
conditions as laid down under Section 482 (2) of the BNSS.
7. However, it is made clear that in the event, if the
Investigating Officer of the case files an application before the
learned trial court bringing to its notice that the petitioners,
despite giving assurance to this Court, are not cooperating in the
investigation, in that event, the learned trial court shall be at
liberty to cancel the bail bonds of the petitioners.
8. Let a copy of this order be sent to the concerned
police station through the learned Trial Court.
(Satyavrat Verma, J)
Sumit/-
U T
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