Patna High Court
ALAUDDIN @ ALABUDDIN @ ALABODDIN @ ALABDINversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner on the condition of a Rs 10,000 bond, two sureties, and mandatory court attendance.
Summary
The petitioner, a 65‑year‑old man, was arrested in connection with a violent incident involving 29 alleged assailants who assaulted an informant and his family. He was charged under multiple provisions of the Bharatiya Nyaya Sanhita, 2023, and a chargesheet had been filed with cognizance taken. Earlier, his anticipatory bail application was withdrawn and he surrendered on 30‑Oct‑2025, remaining in custody. The petitioner sought regular bail, arguing his advanced age and the fact that several co‑accused had already been granted bail. The Court, after considering the seriousness of the offences, the filing of the chargesheet, and the petitioner’s age, ordered that he be released on bail upon furnishing a bond of Rs 10,000 with two sureties and subject to strict attendance conditions in court.
Issues considered
- Whether the petitioner is entitled to bail despite the filing of a chargesheet and cognizance being taken under the Bharatiya Nyaya Sanhita, 2023.
- Whether the petitioner’s age and the nature of the offences justify the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 118(2), 191(3), 303(2), 352, 74, 76
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- anticipatory bail
- age
- chargesheet
- cognizance
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11749 of 2026
Arising Out of PS. Case No.-102 Year-2025 Thana- BAHADURGANJ District- Kishanganj
======================================================
ALAUDDIN @ ALABUDDIN @ ALABODDIN @ ALABDIN S/o- Late
Dakuwa R/v- Khari Basti Bangama W.No-10, Ps- Bahadurganj Dist-
Kishunganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisuzzoha, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 191(3), 109, 115(2),
117(2), 118(1), 118(2), 74, 76, 303(2) and 352 of the Bharatiya
Nyaya Sanhita, 2023.
3. The allegation in the F.I.R. is that as many as 29
persons came variously armed and had indulged in abuses and
assaulted the informant and his family members.
4. It is submitted by learned counsel for the
petitioner that on account of petty dispute the present
occurrence had taken place and the F.I.R. discloses that there are
as many as 29 accused persons including this petitioner, out of
Patna High Court CR. MISC. No.11749 of 2026(3) dt.18-02-2026
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whom several have been granted anticipatory bail and some
have been granted regular bail. There is case and counter case
between the parties and the present case is counterblast of
Bahadurganj P.S. Case No.96 of 2025 against the informant and
other family members and the same is earlier in point of time.
Earlier the anticipatory bail application of the petitioner had
been withdrawn and, subsequently, the petitioner surrendered on
30.10.2025 and since then he is in custody. Petitioner is 65 years
of old man and chargesheet has already been submitted and
cognizance has also been taken.
5. Learned APP for the State opposed the bail
petition.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that the
petitioner is aged about 65 years, chargesheet has been
submitted against him coupled with the fact that cognizance has
already been taken, the above named petitioner is directed to 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 Court below where the case is
pending/successor Court in connection with Bahadurganj P.S.
Case No.102 of 2025, subject to the conditions that the
Patna High Court CR. MISC. No.11749 of 2026(3) dt.18-02-2026
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petitioner shall remain physically present in court on each and
every date till the framing of the charge and also during trial and
in the event of failure on two consecutive dates without
sufficient reasons, his bail bonds shall be liable to be cancelled
by the learned court concerned.
(Soni Shrivastava, J)
Trivedi/-
U T
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