Patna High Court
Md. Naushad AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 109, 115(2), 121(1), 121(2), 132, 190, 191(2), 191(3), 221, 324(4), 326(g), 329(4), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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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