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Patna High Court

Haidar AlamversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted pre‑arrest bail to the petitioner subject to bond, sureties and verification of his criminal antecedent.

Summary

The petitioner, Haidar Alam, was implicated in FIR No.420 of 2025 for allegedly assaulting police officers with lathi‑danda and rods, causing injuries and setting fire to a National Highways vehicle, invoking numerous sections of the BNS and Section 8(B) of the National Highways Act. He applied for pre‑arrest bail, asserting innocence, a clean antecedent, and that the allegations against him were general and omnibus. The State opposed the bail on the ground of the seriousness of the offences. The Court, after considering the submissions, directed that the petitioner be released on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to verification of his criminal antecedent and conditions under Section 482(2) of the BNS. The order will lapse automatically if the district court finds the petitioner involved in other cases as alleged.

Issues considered

  • Whether a pre‑arrest bail should be granted in a case involving multiple serious offences and a general, omnibus allegation against the petitioner.

Legislation cited

Subjects

  • pre‑arrest bail
  • omnibus allegation
  • assault on police
  • National Highways Act
  • Section 482(2) BNS
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25337 of 2026
                    Arising Out of PS. Case No.-420 Year-2025 Thana- KOTWA District- East Champaran
                 ======================================================
                 Haidar Alam S/O Hadish Miyan Resident Of Village -Pokhara, Shekh Toli, Ps
                 - Kotwa, Dist- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pravin Kumar, Advocate
                 For the Opposite Party/s :       Mr.Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   22-04-2026                     Heard learned counsel appearing on behalf of the

                   petitioner and the learned APP for the State.

                                2. Petitioner seeks pre-arrest bail in connection with

                   Kotwa P.S.Case No.420 of 2025, registered for the offences

                   punishable under Sections 191(2), 191(3), 190, 126(2), 115(2),

                   117(2), 109(1), 132, 121(1), 121(2), 285, 326(b), 333, 324(4),

                   326(f), 351(2) and 352 of BNS and Section 8(B) of National

                   Highways Act.

                                3. As per the allegation made in the FIR, 250

                   unknown co-accused including the petitioner assaulted the

                   Police Force by means of Lathi-danda and rod. As a result, they

                   sustained injuries, as well as, they put in fire a vehicle bearing
Patna High Court CR. MISC. No.25337 of 2026(2) dt.22-04-2026
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          reg. No.RJ52GB 3078 of NHAI.

                       4. Learned counsel appearing on behalf of the

          petitioner submitted that the petitioner is innocent and he has

          been false implicated in the present case. There is general and

          omnibus allegation against the petitioner. Petitioner has clean

          antecedent.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail to the petitioner.

                       6. Having considered the rival submissions made on

          behalf of the parties, as well as, considering the fact that there is

          general and omnibus allegation against the petitioner, the

          petitioner is directed to be released on pre-arrest bail, in the

          event of his arrest or surrender before the learned district court

          within a period of four weeks from today, on furnishing bail

          bond of Rs.10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of learned JM Ist Class,

          Sadar Motihari, East Champaran/concerned court, in connection

          with Kotwa P.S.Case No.420 of 2025, subject to conditions as

          laid down under Section 482(2) of BNSS of 2023

                       7. The learned district court is directed to verify the

          criminal antecedent of the petitioner and if it is found that the

          petitioner is involved in some other cases as what has been
            Patna High Court CR. MISC. No.25337 of 2026(2) dt.22-04-2026
                                                        3/3




                      stated in paragraph No.3 of the bail application, this order will

                      automatically lose its force.



                                                (Purnendu Singh, J)
chn/-

U       T


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