Patna High Court
Jauhar Alam @ Md. JauharversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ALOK KUMAR SINHA
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
- Arms Act — s. 27
- B.N.S., 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 352
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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