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Patna High Court

Md. Naushad AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioner is entitled to anticipatory bail subject to the stipulated conditions.

Summary

The petitioner, Md. Naushad Alam, sought anticipatory bail after being implicated in a violent incident where an ambulance was set on fire following the death of a person in a hospital. He claimed the prosecution’s case was based on video footage that also captured him visiting the hospital for a relative’s treatment, and that he was falsely implicated by an informant. The petitioner highlighted that a co‑accused had previously been granted anticipatory bail in a similar case. The State opposed the bail, arguing the seriousness of the offences listed under the B.N.S.S. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, and imposed conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code
  • Whether the allegations and evidence against the petitioner justify denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • Criminal Procedure Code
  • B.N.S.S.
  • false implication
  • video evidence
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17483 of 2026
                    Arising Out of PS. Case No.-302 Year-2024 Thana- DHAKA District- East Champaran
                 ======================================================
                 Md. Naushad Alam Son of Hafiz Mian @ Md. Yunus Resident of village -
                 Lahan Dhaka, P.S.- Dhaka, District- East Champaran, Bihar
                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Zaki Haider, Advocate
                 For the Opposite Party/s :       Mr. Mukesh Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-03-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 191(2), 191(3), 190,

                   329(4), 324(4), 326(g), 115(2), 109, 132, 221, 121(1) and 121(2) of

                   the BNS.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and the prosecution story in

                   short is that the accused persons including the petitioner were

                   enraged when the deceased was brought to the hospital and was

                   declared dead by the Doctor, accordingly, the accused persons

                   including the petitioner created ruckus and set an ambulance on fire

                   and the accused were identified by video footage.

                                4. Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the

                   informant. It is further submitted that petitioner has no relation or
           Patna High Court CR. MISC. No.17483 of 2026(2) dt.24-03-2026
                                                       2/2




                     concern with the deceased and he had gone to the hospital on the date

                     of occurrence in connection of treatment of his relative when he was

                     also captured in the video footage. It is next submitted that similarly

                     situated co-accused, namely, Sartaz @ Sartaz Alam along with two

                     others had approached this Court seeking anticipatory bail by filing

                     Cr. Misc. No. 44787 of 2025 and the same came to be allowed by an

                     order dated 03.07.2025 passed by a learned Coordiante Bench of this

                     Court.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel for the petitioner, 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 Dhaka P.S. Case

                     No. 302 of 2024, 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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