Patna High Court
Jamshed Alam @ Md. Jamshed AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioners have made out a prima facie case for pre‑arrest bail and ordered their release on bail.
Summary
The petitioners, Jamshed Alam and Md. Parvej Alam, applied for pre‑arrest bail in a case (Amour PS Case No. 432/2025) involving serious offences such as attempt to murder and causing grievous hurt. The FIR alleged that they assaulted the informant and his family with intent to kill, arising from a land‑dispute‑related altercation. The petitioners contended they were falsely implicated, that the informant was their brother, and that any injuries were caused in self‑defence without intent to kill. The State opposed the bail, citing the gravity of the charges. The court, after considering the case‑and‑counter‑case context and the claim of self‑defence, found a prima facie basis for bail and ordered their release on pre‑arrest bail subject to conditions under Section 482(2) of the BNSS, with a bond and sureties, and directed verification of any prior criminal antecedents.
Issues considered
- Whether pre‑arrest bail can be granted under Section 482(2) of the BNSS in a case involving offences punishable under Sections 126(2), 115(2), 109, 303(2), 76, 352, 351(2), and 3(5) of the BNS.
- Whether the existence of a case‑and‑counter‑case and the claim of self‑defence constitute a prima facie ground to deny bail.
Subjects
- pre‑arrest bail
- self‑defence
- case and counter case
- land dispute
- Section 482(2)
- Bihar Criminal Procedure
- serious offences
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21275 of 2026
Arising Out of PS. Case No.-432 Year-2025 Thana- AMAUR District- Purnia
======================================================
1. Jamshed Alam @ Md. Jamshed Alam
2. Md. Parvej Alam @ Md. Parwez Alam
Both S/O Hasibur Rahaman @ Md Hasiburrehaman Res Of Village -
Parasrai, ward no.- 4, P.S- Amour, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate
Mr.Bidhu Ranjan, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 16-04-2026 Heard Mr. N. K. Agrawal, learned Senior Counsel
along with Mr. Bidhu Ranjan, learned counsel appearing on
behalf of the petitioners and Mr. Shailendra Kumar Singh,
learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Amour P.S. Case No. 432/2025 registered for the offence(s)
punishable under Sections 126(2), 115(2), 109, 303(2),
76,352,351(2),352,3(5), of the BNS.
3. As per the allegation made in the FIR, the accused
persons named therein including the petitioners assaulted the
informant, with an intention to kill, causing injuries. When the
family members of the informant came to his rescue, the
Patna High Court CR. MISC. No.21275 of 2026(2) dt.16-04-2026
2/3
accused persons also assaulted them.
4. Learned Senior Counsel appearing on behalf of the
petitioners submitted that the petitioners are innocent and have
falsely been implicated in the present case. Petitioners and
informant are own brother. There is case and counter case
between the parties arising out of same incidence and due to
land dispute, an altercation took place and both the sides entered
into fierce fight and in the self-defence, petitioners may have
caused some injury on the persons of the informant and his
family members without intention.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR and the fact that there is case and counter case
between the parties arising out of same incidence and due to
land dispute, an altercation took place and both the sides entered
into fierce fight and in the self-defence, petitioners may have
caused some injury on the persons of the informant and his
family members without intention, I am of the opinion that
petitioners have, prima facie, made out a case to be released on
pre-arrest bail.
Patna High Court CR. MISC. No.21275 of 2026(2) dt.16-04-2026
3/3
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned C.J.M., Purnea /
Concerned Court in connection with Amour P.S. Case No.
432/2025, subject to the conditions as laid down under Section
482(2) of the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioners and if it is found that the
petitioners are involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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