Patna High Court
Sk. Usman @ Sk. Usmaan @ OsamanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that the petitioner is entitled to bail and ordered his release on bail.
Summary
The petitioner, Sk. Usman, sought bail after being implicated in a case (PS Amdabad Case No. 167 of 2025) for offences under Sections 103(1) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 27 of the Arms Act. The FIR alleged that co‑accused Sk. Firoz shot the brother of an informant, and the police later filed a final report implicating the petitioner despite his claim of clean antecedents. The petitioner argued that he was falsely implicated and that his custody period warranted bail. The State opposed the bail application. The Court, considering the facts, the period of custody, and the provisions of Section 482(20) of the Bharatiya Nagarik Suraksha Sanhita, 2023, ordered the petitioner’s release on bail upon furnishing a bail bond of Rs. 10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to bail under Section 482(20) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving alleged offences under Sections 103(1), 3(5) of the same Act and Section 27 of the Arms Act.
- Whether the petitioner’s alleged false implication and the period of custody justify the grant of bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103(1), 3(5), 482(20)
Subjects
- bail
- false implication
- arms offence
- criminal procedure
- section 482
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9174 of 2026
Arising Out of PS. Case No.-167 Year-2025 Thana- AMDABAD District- Katihar
======================================================
Sk. Usman @ Sk. Usmaan @ Osaman Son of Sk. Badri @ Sukruddin
Resident of village - Naya Tola Govindpur, P.S.- Amdabad, District - Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harish Chandra Patel, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends arrest in case registered for
the offences punishable under Sections 103(1), 3(5) of the
B.N.S., 2023 and Section 27 of the Arms Act.
3. As per F.I.R., on 07.07.2025 at about 4 PM, co-
accused Sk. Firoz shot dead brother of the informant.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in this case. As per F.I.R.
itself, Sk. Firoz shot in the chest of brother of informant, on
account of which, he died. Police after investigation submitted
the final form against this petitioner. This petitioner claims clean
antecedent.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.9174 of 2026(2) dt.11-02-2026
2/2
bail.
6. Considering the aforesaid facts and circumstances
as well as period of custody, let the above named petitioner 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 J.M. 1st Class, Katihar in connection with
Amdabad P.S. Case No. 167 of 2025, subject to the condition as
laid down under Section 482(20 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Jyoti Kumari/-
U T
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