Patna High Court
Nasar Alam @ NasarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, finding the allegations non‑specific and the risk of false implication sufficient to justify release on bail.
Summary
The petitioner, Nasar Alam, was implicated in a criminal case (Sadar P.S. Case No. 139 of 2025) for offences under several sections of the B.N.S., based on CCTV footage that allegedly identified him among ten assailants who robbed an informant. The petitioner contended that the allegations were non‑specific, the FIR was lodged after a delay without a clear motive, and the injuries reported did not correspond to his alleged participation. The State opposed the bail application, while the petitioner’s counsel highlighted his clean antecedents and the possibility of false implication. The court observed that the allegations against the petitioner were vague, the injury report did not specifically link him, and there was a risk of wrongful prosecution. Consequently, the court ordered his release on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S. and attendance requirements.
Issues considered
- Whether the petitioner is entitled to bail despite non‑specific allegations and lack of direct evidence linking him to the assault
- Whether the possibility of false implication warrants the grant of bail under Section 482(2) of the B.N.S.S.
Legislation cited
Subjects
- bail
- false implication
- non‑specific allegation
- criminal procedure
- Section 191
- Section 190
- Section 126
- Section 115
- Section 117
- Section 109
- Section 303
- Section 482
- CCTV evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16311 of 2026
Arising Out of PS. Case No.-139 Year-2025 Thana- PURNEA SADAR District- Purnia
======================================================
Nasar Alam @ Nasar S/O Md. Iqbal Resident of village- Akhityarpur, Sarsi,
P.S.- Sarsi, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Kumar, Advocate
Mr. Rajnish Kumar, Advocate
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner is
apprehending his arrest in connection with Sadar P.S. Case No.
139 of 2025 registered for the offences under Sections 191(2),
190, 126(2), 115(2), 117(2), 109, 303(2) of B.N.S.
3. As per prosecution case, the informant was
assaulted by the ten persons who came on an ambulance and
two cars. They snatched chain and cash of Rs.50,000/- from the
informant and the whole occurrence was captured in CCTV
camera. The name of the petitioner transpired from the video
footage for being involved in the occurrence.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. There is general and omnibus allegation against all the
Patna High Court CR. MISC. No.16311 of 2026(2) dt.06-04-2026
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accused persons including the petitioner. The FIR has been
lodged after two days without any satisfactory explanation. No
reason or motive has been given for assault of the informant.
The petitioner never threatened or assaulted the informant.
Though there is allegation against seven named and some
unknown persons for assaulting the informant but the injury
report shows only two injuries, i.e., (i) Lacerated wound over
frontal parietal bone of size 1" (stitched wound) at 3 places and
(ii) Lacerated wound over left lower eyelid of size 4 mm and
nature of injury is said to be grievous caused by hard and blunt
object. Similarly placed co-accused persons Mithun @
Shahnawaz Alam, Altamas Alam and Masuk Alam have been
granted anticipatory bail by learned Co-ordinate Bench vide
order dated 17.11.2025 passed in Cr. Misc. No. 50072 of 2025.
The petitioner is a man of clean antecedent.
5. Learned APP opposes the submission made on
behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
non-specific nature of allegation against the petitioner and
further considering the injury caused not being attributed to the
petitioner and also considering the possibility of false
Patna High Court CR. MISC. No.16311 of 2026(2) dt.06-04-2026
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implication, let the petitioner above named, in the event of his
arrest or surrender before the court concerned within a period of
eight weeks from today, be released on bail, on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Purnea/concerned court in connection
with Sadar P.S. Case No. 139 of 2025, subject to the condition
as laid down under Section 482(2) of the B.N.S.S. and other
following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below, if so required by the
learned trial court.
(Arun Kumar Jha, J)
DKS/-
U T
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