Md. Faizan Alam @ Faizan Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Md. Faizan Alam @ Faizan Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be enlarged on bail upon arrest or surrender within four weeks, on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate-Ist Class, Sherghati, Gaya, in connection with Imamganj P.S. Case No. 326 of 2024, subject to conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, who apprehends arrest in Imamganj P.S. Case No. 326 of 2024 (registered for offences under Sections 25(1-b)a/26/35 of the Arms Act) and claims to have been falsely implicated based on the statement of co-accused Amrish Kumar, deserves anticipatory bail.

Court's answer

Considering the facts and circumstances, the petitioner, in the event of his arrest or surrender within four weeks, is to be enlarged on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate-Ist Class, Sherghati, Gaya, in connection with Imamganj P.S. Case No. 326 of 2024, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted to Md. Faizan Alam @ Faizan (s/o Imteyaz Aalam @ Hafijee), who apprehended arrest in connection with Imamganj P.S. Case No. 326 of 2024, District Gaya, registered for offences punishable under Sections 25(1-b)a/26/35 of the Arms Act. Prosecution story: informant Amrish Kumar was caught red-handed with an iron-made pistol while two other accused, including the petitioner, fled in the darkness; petitioner's counsel asserted clean antecedents and false implication based solely on co-accused Amrish Kumar's statement. The Court directed that, in the event of arrest or surrender within four weeks, the petitioner be enlarged on bail on a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate-Ist Class, Sherghati, Gaya, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23767 of 2025

Arising Out of PS. Case No.-326 Year-2024 Thana- IMAMGANJ District- Gaya

======================================================

Md. Faizan Alam @ Faizan Son of Imteyaz Aalam @ Hafijee village- Chapri, PS- Imamganj, Dist- Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Ahmad Ali, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

2 05-05-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State .

Petitioner apprehends his arrest in a case registered

for the offence punishable under Sections 25(1-b)a/26/35 of the Arms Act.

The prosecution story in brief is that informant namely Amrish Kumar was caught red handed with an iron made pistol by the police personnel when two other accused persons including the petitioner fled away taking advantage of darkness.

The learned counsel for the petitioner submitted that petitioner is a person with clean antecedent and has been falsely implicated in the present case based on statement made by co-accused Amrish Kumar. It is also submitted by learned counsel for the petitioner that he was not caught in person with

Patna High Court CR. MISC. No.23767 of 2025(2) dt.05-05-2025 2/2

any arms and that his name has merely come on the basis of statement made by co-accused Amrish Kumar and hence he deserves to be granted anticipatory bail.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, the petitioner in the event of his arrest or surrender within four weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-Ist Class Sherghati, Gaya (Bihar) in connection with Imamganj P.S. Case No. 326 of 2024, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 .

(Alok Kumar Sinha, J)

Gaurav Sinha/-