Patna High Court
Parwej Alam @ M. ParwedversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Parwej Alam, sought anticipatory bail fearing arrest in a case (PS Case No. 82 of 2025) involving multiple offences under the Bharatiya Nagarik Suraksha Sanhita (BNS). The prosecution alleged that the petitioner, along with others, entered the informant’s house armed, threatened, and assaulted family members, with injuries described as simple. The petitioner claimed innocence, attributing the charges to a land dispute and asserting a clean background. The State opposed the bail, but the court noted the petitioner’s lack of serious criminal antecedent and the nature of the alleged injury. Consequently, the court granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNS, including cooperation with investigation and verification of antecedents.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC and Section 482(2) BNS
- Whether the alleged offences and the petitioner’s criminal antecedent justify denial of bail
- Whether the conditions imposed are sufficient to safeguard the investigation and trial
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 115(2), 117(2), 118(1), 126(2), 329(3), 3(5), 351(2), 352, 482(2), 74
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- criminal antecedent
- land dispute
- bail conditions
- Criminal Miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17533 of 2026
Arising Out of PS. Case No.-82 Year-2025 Thana- MAHALGAON District- Araria
======================================================
Parwej Alam @ M. Parwed Son of Naimuddin Resident Of Village-
Prasadpur Dumaria, Ward No 11, Police Station- Mahalgaon, District -Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukesh Kumar Rana
For the Opposite Party/s : Mr.Ajit Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 25-03-2026 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 offence punishable under Sections 126(2),
115(2), 118(1), 117(2), 74, 329(3), 352, 351(2) and 3(5) of the
BNS in connection with Mahalgaon P.S.Case No. 82 of 2025.
3. As per the prosecution case, while the informant
along with his other family members was sitting at his house,
then suddenly the FIR named accused persons, armed with
various weapons, entered his house and started abusing and
asked to vacate the house, or else the same will be set ablaze. It
is alleged that the accused persons assaulted the family
members of the informant and torn the clothes of the female
members of the informant’s family members.
Patna High Court CR. MISC. No.17533 of 2026(2) dt.25-03-2026
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4. The learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in the
present case due to previous enmity and land dispute. The
petitioner has clean background.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Although, there is allegation against the petitioner
of having assaulted with farsa causing injury on head, the injury
report describes the injury as simple in nature. The petitioner
has got clean antecedent and on account of disclosures made in
para-7 of the bail application, it appears that this matter relates
to case and counter case, under these circumstances, I am
inclined to grant privilege of anticipatory bail to the petitioner.
7. Let the petitioner, as named above, in the event of
his arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate 1st Class, Araria
in connection with Mahalgaon P.S.Case No. 82 of 2025,
subject to the conditions laid down under section 438(2) of the
Code of Criminal Procedure/Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023 and subject to further condition
Patna High Court CR. MISC. No.17533 of 2026(2) dt.25-03-2026
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that :-
(i) the petitioner shall co-operate in the investigation/
trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the Court
below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
HR/-
U T
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