Created by Fuzzy Cloud

Patna High Court

Sajjad AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.