Patna High Court
Sajjad AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner, subject to bond and surety conditions, under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioner, Sajjad Alam, was implicated in a violent incident at a madrasa where he allegedly assaulted an informant and others, leading to charges under multiple sections of the Bihar National Security Act, 2023 and Section 27 of the Arms Act. The petitioner argued that the allegations were false, motivated by a dispute over the madrasa, and that no injury was caused to the informant. The State opposed his request for anticipatory bail, contending the seriousness of the offences. The court examined whether the allegations justified denial of bail and considered the provisions of Section 438(2) of the Criminal Procedure Code and Section 482(2) of the B.N.S.S. 2023. Finding that the petitioner could be released on bail pending arrest or surrender, the court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. and Section 482(2) B.N.S.S. in view of the alleged offences under the Bihar National Security Act and the Arms Act.
- Whether the allegations against the petitioner constitute sufficient ground to deny anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Bihar National Security Act — s. 115(2), 126(2), 132, 3(5), 351(2), 352, 482(2), 76
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar National Security Act
- Arms Act
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
- criminal procedure
- bail conditions
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16521 of 2026
Arising Out of PS. Case No.-311 Year-2025 Thana- POTHIYA District- Kishanganj
======================================================
Sajjad Alam Son of Md. Sarfuddin @ Bachchan @ Md Safiuddin Resident of
village- Nadiya Gachh P.S. -Pothia District- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-04-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel appearing on behalf of
the informant.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 132, 76, 352, 351(2) and 3(5) of the BNS, 2023 as well
as Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases and the informant
alleges that accused persons including the petitioner came to the
Madrasa on 11.12.2025, at 11:30 am., and said to close the
Madrasa. On objection, accused persons abused and assaulted
the teachers and petitioner dashed the informant on the ground
and assaulted brutally injuring him and accused also assaulted
women cook and vandalized the office and petitioner even fired
Patna High Court CR. MISC. No.16521 of 2026(2) dt.07-04-2026
2/3
and Azad tried to assault his nephew by sword. Further, that
from the place of occurrence a batch of constable, namely,
Fantus Das was recovered and the occurrence has been captured
in the CCTV.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant on account of dispute relating to Madrasa. It is further
submitted that no doubt, petitioner is alleged to have dashed the
informant on the ground and thereafter assaulted him brutally
but then the informant did not suffer any injury which amply
demonstrates that the allegation has been alleged only with a
view to implicate the petitioner since he has antecedent. It is
next submitted that as far as allegation of firing is alleged, the
same is ornamental as no one was injured in the firing. It is also
submitted that no doubt, petitioner has antecedent of three cases
but then nature of allegation also requires to be appreciated.
5. On query of the Court from the learned counsel
appearing on behalf of the informant as to whether the
informant suffered any injury or not on which the learned
counsel appearing on behalf of the informant fairly submits that
informant did not suffer any injury on which the learned counsel
appearing on behalf of the petitioner submits that it amply
Patna High Court CR. MISC. No.16521 of 2026(2) dt.07-04-2026
3/3
demonstrates that petitioner has been implicated only with an
intent to coerce him into submission since a dispute with regard
to Madrasa has arisen in between two groups.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
7. After hearing the learned counsel for the parties, let
the petitioner, above-named, in the event of his arrest or
surrender within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Trial Court where the case
is pending/Successor Court in connection with Pothia P.S. Case
No. 311 of 2025, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
(Satyavrat Verma, J)
Kundan/-
U T
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