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Patna High Court

MD. MOBASSIR ALAMversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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