Jamal @ Md Jamal @ Zamal Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Jamal @ Md Jamal @ Zamal Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: in the event of arrest or surrender before the Court below within six weeks, petitioner to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each, to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj/concerned Court, subject to Section 482(2) BNSS conditions and further conditions (regular appearance before Trial Court; no witness tampering; no repeat offences).

Issue for consideration

Whether the petitioner, apprehending arrest in Jiyapokhar P.S. Case No.14 of 2025 (Sections 338, 336(3), 340(2), 318(4), 61(2), 3(5) of the B.N.S., 2023 and Sections 66(C), 66(D) of the I.T. Act), is entitled to anticipatory bail.

Court's answer

Anticipatory bail granted: considering the facts and circumstances, submissions of counsel, the nature of allegation, and the fact that the similarly situated co-accused has already been granted anticipatory bail, the petitioner is to be released on bail, in the event of arrest or surrender before the Court below within six weeks, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each, to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj/concerned Court, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Ratio / Principle

Bail made subject to further conditions: (i) appearance on each and every date before the Trial Court, failure on two consecutive dates without plausible reason entailing cancellation of the bail bond by the Trial Court itself; (ii) no inducement, promise or threat to witnesses or tampering with evidence; (iii) desistance from committing any criminal offence again - failing which the State shall be at liberty to take steps for cancellation of the bail bond.

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, Sunil Dutta Mishra, J., order dated 15-04-2026) to Jamal @ Md Jamal @ Zamal in Jiyapokhar P.S. Case No.14 of 2025 (Kishanganj) instituted under Sections 338, 336(3), 340(2), 318(4), 61(2), 3(5) of the B.N.S., 2023 and Sections 66(C), 66(D) of the I.T. Act, arising from an allegation of preparation of fake Aadhar Cards and recovery of incriminating documents, printer, Nepali and Indian currency from the house of co-accused Asraful. Grant rested on the facts and circumstances, the nature of allegation, and parity with similarly situated co-accused Md. Zahid Raza, already granted anticipatory bail by a Co-ordinate Bench in Cr. Misc. No.74805 of 2025 (order dated 19.11.2025). Petitioner to be released on bail upon arrest or surrender within six weeks on furnishing bail bonds of Rs.10,000/- with two like sureties to the satisfaction of the CJM, Kishanganj, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and further conditions (appearance on every date before the Trial Court; no inducement of witnesses or tampering with evidence; no repeat offences), failing which the State may seek cancellation.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20585 of 2026

Arising Out of PS. Case No.-14 Year-2025 Thana- JIYAPOKHAR District- Kishanganj

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

Jamal @ Md Jamal @ Zamal S/O Israil R/O Vill.- Gilhabari ward no. 2, P.S.Jiapokhar, District- Kishanganj.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate. For the Opposite Party/s : Ms. Nirmala Kumari, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 15-04-2026

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in connection with Jiyapokhar P.S. Case No.14 of 2025 instituted under Sections 338, 336(3), 340(2), 318(4), 61(2), 3(5) of the B.N.S., 2023 and Sections 66(C), 66(D) of the I.T. Act.

As per the prosecution case, the informant alleged that on information of preparation of fake Aadhar Cards, the house of one Asraful was raided and all the incriminating documents, printer, Nepali currency, Indian currency were recovered beside a motorcycle that was parked there.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case with ulterior motive. He further submits that no

Patna High Court CR. MISC. No.20585 of 2026(2) dt.15-04-2026 2/3

incriminating article was recovered from the conscious possession of the petitioner. Learned counsel submits that the petitioner has no concern with the co-accused Asraful as he is only his neighbor. He further submits that similarly situated coaccused, namely, Md. Zahid Raza has already been granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 19.11.2025 passed in Cr. Misc. No.74805 of 2025. He further submits that the petitioner has got clean antecedent and he undertakes to cooperate in the investigation and trial of the case.

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

Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the nature of allegation leveled against the petitioner as well as the fact that similarly situated co-accused person has already been granted anticipatory bail, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj/ concerned Court in connection with

Patna High Court CR. MISC. No.20585 of 2026(2) dt.15-04-2026 3/3

Jiyapokhar P.S. Case No.14 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with further following conditions:-

(i) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(ii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iii) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bond.

(Sunil Dutta Mishra, J)

Ritik/-

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