Patna High Court
Altamas @ Md. DanishversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Altamas @ Md. Danish, was arrested in connection with a case involving alleged assault, robbery, extortion and related offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner, along with associates, lured an informant, assaulted him, stole his gold chain, forced a transfer of Rs. 35,000 via QR code and recorded objectionable videos. The petitioner’s counsel argued that he was not named in the FIR, that the only link to him was a confessional statement of a co‑accused lacking evidentiary value, and that no incriminating material was found on him; he also highlighted the informant’s alleged involvement in gay‑sex and the petitioner’s prior custody. The State opposed bail, citing the seriousness of the charges. Considering the lack of direct evidence, the petitioner’s custody period, and the circumstances, the Court inclined to grant bail, ordering the petitioner to furnish a bail bond of Rs. 15,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner in light of the charges under the Bharatiya Nyaya Sanhita, 2023 and the evidentiary material presented.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 303(2), 308(5), 318(4), 3(5), 351(2), 351(3), 352
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- assault
- robbery
- extortion
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12112 of 2026
Arising Out of PS. Case No.-1867 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Altamas @ Md. Danish S/O Salim @ Md. Salim R/O Taj Nagar Naya Tola,
P.S- Phulwarisharif, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Prasad Sinha, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Phulwarisharif P.S. Case No. 1867 of 2025, instituted for the
offences punishable under Sections 115(2), 126(2), 318(4),
308(5), 303(2), 352, 351(2), 351(3) and 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the informant
was lured to an isolated place at Phulwari Sharif by a person
who had earlier visited his branch, where he along with 2–3
associates allegedly assaulted the informant, snatched his gold
chain, threatened him with death, forcibly transferred Rs.
35,000/- to the account of Md. Azad through a QR code,
Patna High Court CR. MISC. No.12112 of 2026(2) dt.10-03-2026
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compelled him to arrange money, and recorded objectionable
videos of him.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
also submitted that the petitioner is not named in the FIR. Name
of the petitioner has transpired in this case on the basis of
confessional statement made by co-accused person and the same
has got no evidentiary value. It is next submitted that no specific
allegation has been attributed against the petitioner rather the
same is general and omnibus in nature. It is further submitted
that the informant was involved in gay-sex and for that purpose
the informant used to visit many places and made physical
relation. During investigation, the I.O. has taken third statement
of the informant where the informant has accepted that due to
fear of public shame he did not say the true fact. The petitioner
is in custody since 22.11.2025 and has got one criminal
antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
Patna High Court CR. MISC. No.12112 of 2026(2) dt.10-03-2026
3/3
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Phulwarisharif P.S.
Case No. 1867 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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