Patna High Court
MD. MOBASSIR ALAMversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that the petitioner is entitled to anticipatory bail subject to the conditions prescribed under Section 482(2) of the BNSS, 2023.
Summary
The petitioner, Md. Mobassir Alam, sought anticipatory bail fearing arrest in a case (Shakurabad P.S. Case No. 91 of 2022) involving offences under Sections 341, 323, 307, 379, 504 and 34 of the IPC. The prosecution alleged that the petitioner, along with co‑accused, assaulted a complainant, causing loss of sight in one eye and theft of a gold chain. The petitioner contended that the FIR contains only a generic, omnibus allegation against him, that the specific assault charge is directed at co‑accused Md. Junaid Alam, and that he has no prior criminal record. The State opposed the bail, arguing the seriousness of the offences. After hearing both sides, the court ordered that, if arrested or surrendered within six weeks, the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties, subject to conditions under Section 482(2) of the BNSS, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS, 2023 despite the serious nature of the alleged offences.
- Whether the FIR specifically implicates the petitioner or merely contains a generic allegation, affecting bail eligibility.
Legislation cited
- BNSS, 2023 — s. 482(2)
Subjects
- anticipatory bail
- Indian Penal Code
- Section 482
- BNSS 2023
- criminal procedure
- Bihar High Court
- serious offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15887 of 2026
Arising Out of PS. Case No.-91 Year-2022 Thana- SAKURABAD District- Jehanabad
======================================================
Md. Mobassir Alam S/O Md. Iliyas Ahmad R/o vill - Kansua, 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.15887 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.15887 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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