Patna High Court
Md. Manjoor @ Manjur AlamversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ALOK KUMAR SINHA
Holding
The court granted anticipatory bail to petitioners 1,3,4,5 and 6, while dismissing the application for petitioner 2.
Summary
The petitioners, six residents of Amour, Purnea, were implicated in FIR No.411 of 2025 for offences under the Bharatiya Nagarik Suraksha Sanhita (BNS) arising from a land‑dispute‑related assault with sharp‑edged weapons. They applied for anticipatory bail, asserting innocence and arguing that the allegations against them were vague and omnibus, with specific charge of assault directed only at the unnamed perpetrators. The State opposed the bail, contending the seriousness of the offences. Justice Alok Kumar Sinha held that, except for petitioner No.2 (Md. Mujammil), the allegations were not specific enough to deny bail and therefore granted anticipatory bail to petitioners 1,3,4,5 and 6 subject to a Rs.10,000 bond, two sureties and cooperation with investigation, while allowing the withdrawal of the application for petitioner No.2. The order also directed verification of criminal antecedents of the granted bail applicants and provision for cancellation of bail if concealment is found.
Issues considered
- Whether anticipatory bail under Section 438 CrPC/Section 482(2) BNS is warranted when the FIR contains general, non‑specific allegations against the petitioners.
- Whether the petitioners can be individually implicated for the assault offences listed in the FIR.
- Whether the court may impose conditions such as bond, sureties and verification of antecedents while granting anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 308(2), 3(5), 351(2), 352, 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- general allegations
- land dispute
- assault
- Bharatiya Nagarik Suraksha Sanhita
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14733 of 2026
Arising Out of PS. Case No.-411 Year-2025 Thana- AMAUR District- Purnia
======================================================
1. Md. Manjoor @ Manjur Alam Son of Kaiyum @ Keum Residents of
Village- Kalha Toli, P.S.- Amour, District- Purnea.
2. Mujammil @ Muzammil Son of Md. Ismail. Residents of Village- Kalha
Toli, P.S.- Amour, District- Purnea.
3. Awasar @ Avasar Son of Ismail. Residents of Village- Kalha Toli, P.S.-
Amour, District- Purnea.
4. Md. Najamul @ Gatar @ MO Najabul Alam @ Najmul Son of Gayas @
Gyasudin. Residents of Village- Kalha Toli, P.S.- Amour, District- Purnea.
5. Afroj Son of Sahabuddin @Sahabudeen. Residents of Village- Lal Toli, P.S.-
Amour, District- Purnea.
6. Mohsin @ Md. Mohasin @ Masam Son of Najabul @ Majobur Rahman.
Residents of Village- Bagbana, P.S.- Amnour, District- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Kishore Singh
Mr.Satyapal Singh
Mr. Rajnish Kumar Chaubey
For the State : Mr. Abhay Kumar, APP
For the informant Mr. Sunil Kumar Bhagat
Mr. Sushant Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 29-04-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. Learned counsel for the petitioners is permitted to
correct the residential address of petitioner no.5, during the
course of the day.
3. The petitioners apprehend their arrest in a case
Patna High Court CR. MISC. No.14733 of 2026(3) dt.29-04-2026
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registered for the offence punishable under Sections 126(2),
115(2), 118(1), 109, 303(2), 308(2), 352, 351(2) and 3(5) of the
BNS in connection with Amour P.S.Case No. 411 of 2025.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. There is no specific allegation against the
petitioners of assaulting the injured. The allegation of assault is
against all the 22 named and 20-25 unknown persons, who have
assaulted the informant by sharp-edged weapons on his head,
resulting in simple injury.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. From the perusal of the allegations, as alleged in
the FIR, it transpires that on account of the dispute relating to
land, the occurrence is alleged to have taken place. Except Md.
Mujamil @ Muzammil (petitioner no.2), there is no specific
allegation against any of the petitioners, rather the allegation
against them is of general and omnibus in nature. Under these
circumstances, I am inclined to grant privilege of anticipatory
bail to petitioners, except petitioner no.2 Md. Mujammil @
Muzammil.
7. At this stage, the earned counsel for the petitioners
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submits that he may be permitted to withdraw this application,
insofar as it relates to petitioner no.2 Md. Mujammil @
Muzammil.
8. He is permitted to do so and this application is,
therefore, dismissed as withdrawn qua petitioner no.2 Md.
Mujammi @ Muzammil.
9. Let the petitioner nos. 1, 3, 4, 5 and 6, as named
above, in the event of their arrest or surrender within four weeks
from today, be enlarged on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of
the like amount each to the satisfaction Chief Judicial
Magistrate, Purnea in connection with Amour P.S.Case No. 411
of 2025, subject to the conditions laid down under section
438(2) of the Code of Criminal Procedure/Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to further
condition that :-
(i) the petitioner nos. 1, 4, 5 & 6 shall co-operate in
the investigation/ trial.
(ii) the learned Court would, however, verify the
criminal antecedents of the petitioner 1, 4, 5 & 6 and in case it
is found that these petitioners have concealed their criminal
antecedents, the Court below shall take step for cancellation of
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bail bond of these petitioners However, it is expected that the
verification process would be done expeditiously without
causing any delay.
(Alok Kumar Sinha, J)
HR/-
U T
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