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Patna High Court

Jauhar Alam @ Md. JauharversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the petitioner was deemed a habitual offender facing serious charges.

Summary

The petitioner, Jauhar Alam, applied for anticipatory bail after being named in an FIR for offences including assault, extortion, and illegal possession of arms under the B.N.S., 2023 and the Arms Act. He claimed innocence and alleged false implication, while the State highlighted serious allegations against him and his three prior criminal antecedents, portraying him as a habitual offender. The court examined the gravity of the charges and the petitioner’s criminal history. Concluding that the seriousness of the allegations and the petitioner’s past conduct outweighed any justification for bail, the court declined to grant anticipatory bail. Consequently, the anticipatory bail application was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the nature of the offences alleged.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • habitual offender
  • extortion
  • assault
  • Arms Act
  • criminal antecedents
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21180 of 2026
                   Arising Out of PS. Case No.-1021 Year-2025 Thana- JAHANABAD District- Jehanabad
                 ======================================================
                 Jauhar Alam @ Md. Jauhar S/o- Md. Moin Alam R/v- Irki Ps Dist- Jehanabad

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Birendra Kumar, Advocate
                 For the Opposite Party/s :      Ms. Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Jehanabad Town P.S. Case No. 1021 of 2025 registered for

                   the offence under Sections 126(2)/115(2)/109/352/351(2)/3(5)

                   of the B.N.S., 2023 and u/s 27 of the Arms Act.

                                3. From bare perusal of records it appears that the

                   petitioner is named accused in the FIR and there is serious

                   allegation that he along with other co-accused person assaulted

                   the informant and demanded Rs. 5 Lakhs as extortion.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence and he has

                   falsely been implicated in this case. Learned counsel further

                   submits that the specific allegation of firing is against co-
            Patna High Court CR. MISC. No.21180 of 2026(2) dt.08-04-2026
                                                        2/2




                      accused Firdaush @ Sonu.

                                   5. The learned APP opposes the anticipatory bail

                      application and submits that the petitioner also carries three

                      criminal antecedents to his credit which shows that the

                      petitioner is habitual offender.

                                   6. Under these circumstances, I am not inclined to

                      grant privilege of anticipatory bail to the petitioner.

                                   7. Accordingly, the anticipatory bail application is

                      rejected.


                                               (Alok Kumar Sinha, J)

Ranjeet/-

U      T


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