Patna High Court
MD. AMJAD ALAMversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the BNSS, 2023.
Summary
The petitioner, Md Amjad Alam, was implicated in a 2022 FIR alleging offences under Sections 341, 323, 307, 379, 504 and 34 of the Indian Penal Code, including assault and robbery. He contended that the FIR made only a general, omnibus allegation against him and that the specific assault charge was directed at co‑accused Junaid Alam, who had already been granted regular bail. The State opposed any bail, arguing the seriousness of the offences. The Court examined whether anticipatory bail could be granted despite the pending criminal case and the lack of a specific allegation against the petitioner. Relying on Section 482(2) of the Bihar Negotiable Securities Act, 2023, the Court ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties, subject to the usual conditions.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS, 2023 despite the FIR containing general allegations.
- Whether the lack of a specific charge against the petitioner in the FIR warrants bail.
Legislation cited
- Indian Penal Code — s. 307, 323, 34, 341, 379, 504
Subjects
- anticipatory bail
- Indian Penal Code
- Section 482
- BNSS 2023
- criminal procedure
- bail conditions
- FIR specificity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15597 of 2026
Arising Out of PS. Case No.-91 Year-2022 Thana- SAKURABAD District- Jehanabad
======================================================
Md. Amjad Alam S/O Md. Iliyas Ahmad R/o vill - Kamsua, P.S.-
Shakurarabad, Distt.- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Shakurabad P.S. Case No. 91 of 2022 registered for the
offences punishable under Sections 341, 323, 307, 379, 504 &
34 of the Indian Penal Code.
3. The prosecution case, in brief, is that the informant
alleged that on 08.05.2022 at about 8:00 PM, while he was
doing plumbing work at his house, the petitioner and other co-
accused persons came there, restrained him, and abused him. On
the exhortation of co-accused Mosarat Praveen, co-accused Md.
Junaid Alam allegedly assaulted him with a lathi causing head
and eye injuries resulting in loss of eyesight of his left eye, and
Patna High Court CR. MISC. No.15597 of 2026(2) dt.12-03-2026
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Mosarat Praveen allegedly snatched his gold chain.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence as alleged
against him and has falsely been implicated in the present case.
Learned counsel for the petitioner submits that from perusal of
the FIR, it would reveal that there is no specific allegation
attributed to the petitioner, rather the same is general and
omnibus in nature. It is next submitted that specific allegation of
assault is against co-accused, namely, Junaid Alam. It is next
submitted that petitioner bears no criminal antecedents. Learned
counsel for the petitioner lastly submits that co-accused, Junaid
Alam has been enlarged on regular bail by this Court vide order
dated 10.12.2024, passed in Cr. Misc. No. 70980 of 2024.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the rival submissions made by the
learned counsel for the parties, let the petitioner above-named,
in the event of his arrest or surrender before the learned Court
below within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs.15,000/-
(Rupees Fifteen Thousand) with two sureties of the like amount
each to the satisfaction of the learned court below where the
Patna High Court CR. MISC. No.15597 of 2026(2) dt.12-03-2026
3/3
case is pending/successor court in connection with Shakurabad
P.S. Case No. 91 of 2022, subject to the conditions as laid down
under Section 482(2) of the BNSS, 2023.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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