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Patna High Court

Md. Naushad AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court held that, given the unexplained delay in filing the FIR, the petitioner’s clean record and the nature of the injuries, bail could be granted under the inherent powers of the Court under Section 482(2) of the CrPC.

Summary

The petitioner, Md Naushad Alam, was implicated in a case involving offences under Sections 147, 148, 149, 307, 452, 380, 323, 341, 354(b) and 504 of the Indian Penal Code and Section 27 of the Arms Act, alleged to have assaulted an informant and others. He contended that he was falsely implicated and had no prior criminal record. The prosecution’s case noted a two‑month unexplained delay in lodging the FIR and that the injuries were caused by a sharp cutting weapon, not a firearm. The Court examined whether these circumstances warranted the grant of bail despite the seriousness of the charges. Relying on the petitioner’s clean antecedents, the delay in FIR registration, and the nature of the injuries, the Court exercised its inherent powers under Section 482(2) of the CrPC. Consequently, the petitioner was ordered to be released on bail upon furnishing a bond of Rs 10,000 with two sureties of equal amount.

Issues considered

  • Whether bail can be granted to the petitioner despite the grave nature of the IPC and Arms Act offences.
  • Whether the two‑month delay in filing the FIR justifies bail.
  • Whether the absence of firearm injury and the nature of the weapon used affect the bail decision.
  • Application of the High Court’s inherent powers under Section 482(2) of the CrPC in granting bail.

Legislation cited

Subjects

  • bail
  • delay in FIR
  • false implication
  • IPC offences
  • Arms Act
  • Section 482
  • inherent powers
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11371 of 2026
                      Arising Out of PS. Case No.-230 Year-2024 Thana- ISLAMPUR District- Nalanda
                 ======================================================
                 Md. Naushad Alam S/o- Md. Nejam Resident of North Malbighia lshlampur
                 PS-Islampur Dist- Nalanda

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Madhav Raj
                 For the Opposite Party/s :       Mr.Rana Randhir Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

2   23-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State

                                2. The petitioner apprehends his arrest in connection

                   with Islampur P.S Case No. 230 of 2024, arising out of

                   Complaint Case No. 197(C) of 2024, registered for the offences

                   punishable under Sections 147, 148, 149, 307, 452, 380, 323,

                   341, 354(B), 504 Indian Penal Code and Section 27 of the Arms

                   Act.

                                3. As per the prosecution case, petitioner along with

                   co-accused have assaulted informant and others.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in this case. It is next

                   submitted that petitioner has got no criminal antecedent as
           Patna High Court CR. MISC. No.11371 of 2026(2) dt.23-02-2026
                                                       2/2




                     stated in para 3 of the bail petition.

                                  5. Learned counsel for the State opposes the prayer

                     for bail of the petitioner.

                                  6. From perusal of the F.I.R., impugned order and

                     materials available on record it appears that there is two months

                     delay in lodging the F.I.R without any plausible explanation.

                     There are case and counter case between the parties. No firearm

                     injury found, all injuries are caused by sharp cutting weapon.

                                  7. Considering the aforesaid facts and circumstances

                     of the case, submissions made on behalf of the petitioner, let the

                     above named petitioner be released on bail in the event of his

                     arrest or surrender before the trial court within a period of six

                     weeks from today on furnishing bail bond of Rs. 10,000/- (Ten

                     thousand) with two sureties of the like amount each to the

                     satisfaction of learned CJM, Hilsa, Nalanda in connection with

                     Islampur P.S Case No. 230 of 2024, arising out of Complaint

                     Case No. 197(C) of 2024 subject to the condition laid down

                     under Section 482(2) of B.N.S.S.



                                          (Ramesh Chand Malviya, J)
Mayank/-

U     T


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