Patna High Court

Aslam AlamversusThe State of Bihar

Decided: 12 March 2026
Disposal: BAIL GRANTED
Bench: PURNENDU SINGH

Holding

The Court granted pre‑arrest bail to the petitioner subject to a bond and verification of criminal antecedent.

Summary

The petitioner, Aslam Alam, applied for pre‑arrest bail in a case registered under Sections 126(2), 115(2), 109(1), 74, 351(2), 352 and 3(5) of the Bihar Negotiable Securities Act (BNS), alleging that he acted in self‑defence during a fight with the informant and his wife. The State opposed the bail, contending the seriousness of the offences. The Court examined the FIR, the claim of self‑defence, and the petitioner’s clean antecedent, finding a prima facie case for bail. It directed that the petitioner be released on pre‑arrest bail upon furnishing a Rs.10,000 bond with two sureties, subject to Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNS. The Court also ordered verification of any other criminal cases against the petitioner, stating that the bail order would lapse if such antecedents are found. The bail application was consequently disposed of with the grant of bail.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail under Section 438 Cr.P.C. and Section 482(2) BNS in view of the allegations.
Whether the claim of self‑defence establishes a prima facie case for bail.
Whether the condition of verifying the petitioner’s criminal antecedent affects the bail order.

Legislation cited

BNS — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352, 482(2), 74
Cr.P.C. — s. 438(2)

Subjects

pre‑arrest bail
self‑defence
criminal antecedent
Section 438 Cr.P.C
Section 482 BNS
assault
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12004 of 2026
                  Arising Out of PS. Case No.-415 Year-2025 Thana- BAHADURGANJ District- Kishanganj
                 ======================================================
                 Aslam Alam S/o Late Faiyaz Alam R/o - Chahatpur, Lohagara Hat, P.S -
                 Bahadurganj, District - Kishanganj
                                                                       ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Mritunjay Kumar, Advocate.
                 For the Opposite Party/s :      Mr.Anita Kumari, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   12-03-2026                     Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Bahadurganj P.S. Case No. 415 of 2025 registered for the

                   offence punishable under Sections 126(2), 115(2), 109(1), 74,

                   351(2), 352 and 3(5) of BNS.

                                3. As per the allegation made in the F.I.R., all the

                   accused persons including the petitioner assaulted the informant

                   and his wife causing them injury on vital part of the body.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner is innocent and he has

                   committed no offence as alleged in the F.I.R. There is case and

                   counter case between the parties. The petitioner might have

                   caused some injury on the person of the informant and his wife

                   in his self defence without any intention. The petitioner has

                   clean antecedent.
          Patna High Court CR. MISC. No.12004 of 2026(2) dt.12-03-2026
                                                      2/2




                                 5. Learned APP for the State has vehemently opposed

                    the prayer for grant of pre-arrest bail to the petitioner.

                                 6. Having heard the rival submissions made on behalf

                    of the parties, as well as, having perused the allegation made in

                    the F.I.R., the petitioner had entered in fierce fight and may have

                    caused injury in his self defence, the petitioner appears to have,

                    prima facie, made out a case to be released on pre-arrest bail.

                                 7. The petitioner, above named, is directed to be

                    released on pre-arrest bail, in the event of his arrest or surrender

                    before the Court below within a period of four 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, Kishanganj in connection with Bahadurganj P.S.

                    Case No. 415 of 2025, subject to the condition as laid down

                    under Section 438(2) Cr.P.C / 482(2) BNSS.

                                 8. The District Court is directed to verify the criminal

                    antecedent of the petitioner and if it is found that the petitioner

                    is involved in some other cases as what has been stated in Para-

                    3 of the bail petition, this order will automatically lose its force.

                                 9. The bail application stands disposed of.


                                                              (Purnendu Singh, J)
mantreshwar/-
U      T

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