Patna High Court
Md . Noor AlamversusThe state of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners subject to a Rs 5,000 deposit in the Chief Minister’s Relief Fund and a bail bond of Rs 10,000 with two sureties, under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners, Md Noor Alam and Shadrul, were named among 34 accused in an FIR arising from a Moharram procession during which a motorcycle collided with a bus, after which the petitioners allegedly set the bus ablaze and assaulted the driver. They sought anticipatory bail under the Bhartiya Nyaya Sanhita for offences including rioting, arson, and unlawful assembly, as well as violations of the Bihar Control and Consumption of Loudspeakers Act. The court noted that a co‑accused in the same case had been granted anticipatory bail on the condition of depositing Rs 5,000 in the Chief Minister’s Relief Fund. Relying on that precedent and the provisions of Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023, the court granted anticipatory bail to the petitioners, subject to each depositing Rs 5,000 in the relief fund and furnishing a bail bond of Rs 10,000 with two sureties. The order was made conditionally, pending the petitioners’ surrender or arrest within four weeks.
Issues considered
- Whether anticipatory bail can be granted to the petitioners despite the serious nature of the offences alleged under the Bhartiya Nyaya Sanhita and the Bihar Control and Consumption of Loudspeakers Act.
- Whether the condition of depositing a sum in the Chief Minister’s Relief Fund is a valid condition for anticipatory bail.
- Whether Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023, authorises the grant of anticipatory bail in this circumstance.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 132, 190, 191(2), 191(3), 192, 323, 324(5), 324(6), 326(b), 351(2)
Subjects
- anticipatory bail
- public order offence
- rioting
- arson
- assault
- loudspeaker act
- Bhartiya Nyaya Sanhita
- Section 482
- Bhartiya Nagrik Suraksha Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18635 of 2026
Arising Out of PS. Case No.-117 Year-2025 Thana- BALIGAON District- Vaishali
======================================================
1. Md . Noor Alam S/O Md. Murtuja R/O Vill.-Rasalpur Kaba, P.S- Baligoan,
Dist- Vaishali
2. Shadrul @ Shadul @ Md. Sadre Alam S/O Md. Murtuja R/O Vill.-Rasalpur
Kaba, P.S- Baligoan, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Yadav
For the Opposite Party/s : Mr. Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 08-04-2026 1. Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Baligoan Police Station Case No. 117 of 2025, dated
08.07.2025, disclosing offences under Sections
191(2)/191(3)/190/323/192/132/109/351(2)/326(b)/324(5)
/324(6) of the Bhartiya Nyaya Sanhita and Sections 3/7/9
of the Bihar Control and Consumption of Loudspeakers
Act, 1955.
3. The prosecution case, as per the First Information Report
lodged on 08.07.2025, is that the Moharam procession
was going on along with loud DJ music and the National
Patna High Court CR. MISC. No.18635 of 2026(2) dt.08-04-2026
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Highway was blocked and movement of traffic was
obstructed, in the meanwhile, a motorcycle rider hit the
bus coming from Samastipur upon which the petitioners,
along with other accused persons, put the bus on fire and
also assaulted the bus driver.
4. Learned counsel for the petitioners submits that the
petitioners, along with 32 other persons, have been named
as accused in the FIR. He further submits that one of the
co-accused, who was sitting on the motorcycle, has been
granted anticipatory bail by a Co-ordinate Bench of this
Court in Cr. Misc. No. 15314 of 2026, subject to the
condition that the petitioner in the said case shall deposit
a sum of Rs. 5,000/- in the Chief Minister’s Relief Fund.
5. Having regard to the submissions made on behalf of the
parties and taking into consideration the fact that co-
accused person has been granted anticipatory bail by a
Co-ordinate Bench of this Court, I am inclined to grant
the petitioner privilege of anticipatory bail subject to the
condition that both the petitioners shall deposit a sum of
Rs. 5,000/- each in the Chief Minister’s Relief Fund
through Demand Draft and the acknowledgment receipt
be submitted before the learned trial Court at the time of
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furnishing bail bond.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their
arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) each with two sureties of the
like amount each to the satisfaction of learned Judicial
Magistrate First Class, Hajipur at Vaishali, in connection
with Baligaon Police Station Case No. 117 of 2025,
subject to the condition laid down under Section 482 (2)
of the Bhartiya Nagrik Suraksha Sanhita, 2023 and
further subject to the aforesaid conditions.
(Anil Kumar Sinha, J)
ashwani/-
U T
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