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Patna High Court

Jamshed Alam @ Md. Jamshed AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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