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Patna High Court

Md. Aamir Idrish @ Aamir Ali @ Md. Aamir @ Amir Idrishi @ Amir AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.

Summary

The petitioner, Md. Aamir Idrish, sought 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. He alleged that the informant’s testimony linking him to a prior incident (Sasaram PS Case No. 707 of 2023) was false and that he had no involvement in the alleged firing. The petitioner assured the court of his cooperation with the investigation and submitted that he would not abscond. The State opposed the grant of anticipatory bail. The court, after considering the submissions, ordered that the petitioner be released on anticipatory bail upon furnishing bail bonds of Rs. 25,000 with two sureties, subject to the conditions of Section 482(2) of the Bharatiya Nyaya Sanhita. The order also stipulated that bail could be cancelled if the petitioner failed to cooperate with the investigating officer.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances alleged
  • Whether the petitioner’s alleged non‑cooperation could justify cancellation of bail

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87798 of 2025
                  Arising Out of PS. Case No.-1035 Year-2024 Thana- SASARAM NAGAR District- Rohtas
                 ======================================================
                 Md. Aamir Idrish @ Aamir Ali @ Md. Aamir @ Amir Idrishi @ Amir Alam
                 S/o Late Mehroom Allau Idrishi @ Md. Allauddin @ Late Mehroom Allau
                 Idrish 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 petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his 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 petitioner submits that

                   petitioner has antecedent of one case 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 No. 707 of 2023, on

                   refusal, Bablu and Pintu fired but missed, on hearing sound of
Patna High Court CR. MISC. No.87798 of 2025(2) dt.22-01-2026
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          firing, people gathered when accused fled.

                   4.     Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that petitioner has 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 petitioner 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 petitioner does not have any

          concern with the aforesaid Sasaram PS Case No. 707 of 2023. It

          is also submitted that petitioner will not abscond rather will co-

          operate in the investigation to prove his innocence.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6.     Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on

          anticipatory bail on furnishing bail bonds of Rs. 25,000/-
              Patna High Court CR. MISC. No.87798 of 2025(2) dt.22-01-2026
                                                          3/3




                        (Rupees Twenty-five Thousand) 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 petitioner,

                        despite giving assurance to this Court, is not cooperating in the

                        investigation, in that event, the learned trial court shall be at

                        liberty to cancel the bail bonds of the petitioner.

                                 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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