Patna High Court
Md. Naushad AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
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
- Arms Act — s. 27
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 147, 148, 149, 307, 323, 341, 354, 380, 452, 504
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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