Patna High Court
Md. Aamir Idrish @ Aamir Ali @ Md. Aamir @ Amir Idrishi @ Amir AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- 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 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
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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
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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
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(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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