Samir @ Md. Samir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80861 of 2025 Arising Out of PS. Case No.-87 Year-2025 Thana- NALANDA District- Nalanda ====================================================== Samir @ Md. Samir S/o Jahid Hussain @ Md. Jahid Hussain R/o VillKhankah, Nabab Toli Kohna Sarai, P.S.- Laheri, Distt- Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Rudal Singh, Advocate For the State :

Mr. Lalan Kumar, APP For the Informant :

Ms. Vaishnavi Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-01-2026 Heard learned counsel appearing on behalf of the petitioner, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the informant.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 103(2), 61(2) and 3(5) of the B.N.S. and Section 27 of the Arms Act.

3. The prosecution case, in brief, is that four unknown persons, riding on two motorcycles, shot brother of informant due to which he died.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is not named in the F.I.R..

Patna High Court CR. MISC. No.80861 of 2025(3) dt.15-01-2026 2/3 Name of petitioner transpired in this case during course of investigation only on the basis of confessional statement of coaccused person and the only material that has come against this petitioner is that one of the co-accused persons, who was identified by the informant, was arrested from the house of sister of this petitioner. Save and except the same, there is no material on record to show the complicity of this petitioner in the alleged offence. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation and clean antecedents of the petitioner,the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged 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 Judicial Magistrate-1st Class, Bihar Sharif, Nalanda in connection with Nalanda P.S. Case No. 87 of 2025, subject to condition as laid down under Section

Patna High Court CR. MISC. No.80861 of 2025(3) dt.15-01-2026 3/3 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T