Patna High Court
Md. IslamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond of Rs.10,000 and two sureties.
Summary
The petitioner, Md. Islam, applied for anticipatory bail in a case (Police Station No. 117 of 2025) alleging offences under Sections 103(1) and 103(2) of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The FIR states that while the informant was ploughing his field, the petitioner and a group of accused verbally abused him, after which co‑accused Md. Mursalim, on his father’s orders, fired a weapon killing Md. Saifuddin. The petitioner contended that he was falsely implicated, that no weapon was found on him, and that the specific allegation of firing pertained only to Md. Mursalim. The informant opposed bail, asserting the petitioner’s participation in the assault and killing. The Court, noting the absence of any overt act or weapon linked to the petitioner and the specific charge against another accused, exercised its power under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and granted anticipatory bail subject to a bond and sureties.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the allegations under Sections 103(1), 103(2) of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
- Whether the petitioner’s alleged conduct amounts to participation in the offences charged.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 103(2)
Subjects
- anticipatory bail
- criminal procedure
- Section 103
- Arms Act
- Section 27
- Section 482
- bail bond
- false implication
- murder
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89144 of 2025
Arising Out of PS. Case No.-117 Year-2025 Thana- JALALGARH District- Purnia
======================================================
Md. Islam S/O Md. Sohrab @ Md Sohrab Ali R/O Vill.- Bhareli, p.s-
Jalalgarh, District - Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Prawesh Kumar
For the Opposite Party/s : Mr.Aditya Narayan Singh.1
For the informant : Mr. Pushpendra Kumar Singh
Ms. Divya Bharti
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 15-01-2026 1. Heard learned Counsel for the petitioner, learned Counsel
for the informant and learned Additional Public
Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Jalalgarh Police Station Case No. 117 of 2025, dated
12.06.2025, disclosing offences punishable under
Sections 103(1)/(2) of the Bhartiya Nyaya Sanhita, 2023
and Section 27 of the Arms Act.
3. The prosecution case, as per the First Information Report,
is that on 11.06.2025, between 04:30 to 5 PM, while the
informant, along with his brothers, Md. Saifuddin and
Md. Mukhtar, was ploughing his field, the petitioner,
along with ten named accused persons and 10-15
Patna High Court CR. MISC. No.89144 of 2025(2) dt.15-01-2026
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unknown accused persons, came there and started abusing
them, stating them not to plough their filed. Thereafter,
the informant told them to show the paper of the land,
upon which co-accused Md. Mursalim, on the orders of
his father, started firing. One of the bullets hit the chest of
Md. Saifuddin, due to which he fell down and when he
was taken to the hospital, where he was declared dead.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
this false case. He further submits that there is case and
counter case between the parties inasmuch as Jalagarh
Police Station Case No. 118 of 2025 has been filed by the
daughter of co-accused Shahar Ali against the informant
and others. He further submits that neither the petitioner
was shown having any deadly weapon in his hand nor any
overt act has been alleged against him. The allegation
against the petitioner is general and omnibus in nature.
The specific allegation of firing upon the deceased is
against Md. Mursalim.
5. On the other hand, learned Counsel for the informant
vehemently opposed the prayer for anticipatory bail and
submits that the petitioner came along with others and
Patna High Court CR. MISC. No.89144 of 2025(2) dt.15-01-2026
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assaulted the deceased and in both the case, one person
has been killed.
6. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that no
overt act has been alleged against the petitioner, the
petitioner was not shown having any weapon in his hand
and there is specific allegation of firing upon the deceased
is against co-accused Md. Mursalim, I am inclined to
grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within a period of
four 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
Chief Judicial Magistrate, Purnea, in connection with
Jalalgarh Police Station Case No. 117 of 2025, subject to
the condition laid down under Section 482 (2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
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