Patna High Court
Khurshid AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Anticipatory bail was granted to the petitioners subject to conditions under Section 482(2) of the Bhartiya Nyaya Sanhita.
Summary
The petitioners, members of a family from Jitpur, sought anticipatory bail fearing arrest in a case (PS No.322 of 2025) alleging offences under the Bhartiya Nyaya Sanhita, 2023, including assault and property snatching over a hut construction dispute. The prosecution alleged that the accused assaulted the informant and his family, injuring the informant’s sister, and that a prior case existed against them. The petitioners contended they were falsely implicated, arguing that the specific allegation of an overt act of injury was directed at a person named Mustaque, who is not a petitioner, and that the charges were general and omnibus. The informant and the State opposed bail, citing the injury to the sister and the omission of Section 109 in the FIR. Justice Ajit Kumar held that since the specific overt‑act allegation does not pertain to the petitioners, anticipatory bail should be granted, subject to conditions under Section 482(2) of the B.N.S.S., including bond, sureties, and compliance with conduct requirements. The bail order was conditioned on appearance before the trial court and prohibition against tampering with witnesses or evidence.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the FIR alleging multiple offences under the Bhartiya Nyaya Sanhita.
- Whether the specific allegation of an overt act against Mustaque, who is not a petitioner, defeats the case against the petitioners.
- Whether the omission of Section 109 in the FIR warrants denial of bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118, 126(2), 303(2), 3(5), 351(2), 352, 482(2), 74
Subjects
- anticipatory bail
- general and omnibus allegations
- Section 109
- Section 482
- false implication
- criminal procedure
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25515 of 2026
Arising Out of PS. Case No.-322 Year-2025 Thana- CHHAURADANO District- East
Champaran
======================================================
1. Khurshid Alam S/o Late Amin Sarwar R/o Village - Jitpur, P.S -
Chhauradano, District - East Champaran
2. Seraz Alam S/o Khurshid Alam R/o Village - Jitpur, P.S - Chhauradano,
District - East Champaran
3. Meraz Alam S/o Khurshid Alam R/o Village - Jitpur, P.S - Chhauradano,
District - East Champaran
4. Sahbaz Alam S/o Seraz Alam R/o Village - Jitpur, P.S - Chhauradano,
District - East Champaran
5. Arbaz @ Arbaz Alam S/o Seraz Alam R/o Village - Jitpur, P.S -
Chhauradano, District - East Champaran
6. Irfan @ Irfan Alam S/o Seraz Alam R/o Village - Jitpur, P.S - Chhauradano,
District - East Champaran
7. Husne Ara W/o Seraz Alam R/o Village - Jitpur, P.S - Chhauradano, District
- East Champaran
8. Robaida Khatoon W/o Meraz Alam R/o Village - Jitpur, P.S - Chhauradano,
District - East Champaran
9. Zikrun Nesha W/o Khurshid Alam R/o Village - Jitpur, P.S - Chhauradano,
District - East Champaran
10. Nazia @ Nazira Khatoon D/o Seraz Alam R/o Village - Jitpur, P.S -
Chhauradano, District - East Champaran
11. Nago Khatoon W/o Mazhar Alam R/o Village - Jitpur, P.S - Chhauradano,
District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Adv.
Ms. Harsha Shashwat, Adv.
For the State : Mr. Bharat Lal, APP
For the Informant : Mr. Ajay Kumar Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 07-05-2026 Heard learned counsel for the petitioners and learned
APP for the State as also counsel for the Informant.
2. The petitioners are apprehending their arrest in
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connection with Chhauradano P.S. Case No. 322 of 2025 dated
10.10.2025 registered for the offence punishable under Sections
126(2), 115(2), 303(2), 74, 118, 117(2), 352, 351(2), 3(5) of the
Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, in brief, is that upon objection to
construction of a hut, the accused persons assaulted the
informant and his family members, causing injury to the
informant’s sister by garansi and allegedly snatching their
belongings. It is further alleged that a prior case had also been
lodged against the accused persons by the informant.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in the
present case. Counsel for the petitioners, by referring to the
allegation made in the F.I.R., submits that specific allegation of
overt act of causing injury to the Informant’s sister, is against
Mustaque, who is not the petitioner in this case and the
allegation against all these petitioners are general and omnibus
in nature and, for ulterior reason, the entire family have been
made accused in this case.
5. The Informant has appeared who opposes the prayer
for anticipatory bail of the petitioners by referring to the injury
which is caused to the Informant’s sister and submits that the
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Investigating Officer, for ulterior reasons, have not incorporated
Section 109 of the B.N.S. in the instant case in order to help the
accused persons, while the submission made with regard to the
allegation made against the petitioners, being general and
omnibus, has not been controverted.
5. Learned APP for the State has also opposed the prayer
for bail of the petitioners.
6. Having heard learned counsel for the parties and
considering the fact that the specific allegation of overt act is
against Mustaque, who is not the petitioner in this case, let the
above named petitioners, be released on bail, in the event of
their arrest or surrender before the learned Court below 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 the learned Judicial
Magistrate- 1st Class, Raxaul at Motihari, East Champaran in
connection with Chhauradano P.S. Case No. 322 of 2025,
subject to the conditions as laid down under Section 482(2) of
the B.N.S.S. as well as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona fide;
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(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) The petitioners shall maintain peace and harmony
with the Informant’s family and shall desist from committing
the offence alleged in the F.I.R. In case any similar allegation is
made by the Informant, the police officials, upon finding
substance in such allegation, shall be at liberty to seek
cancellation of the privilege of anticipatory bail granted to the
petitioners.
7. So far as non-incorporation of appropriate penal
Section in the F.I.R. is concerned, the Informant is always at
liberty to take recourse as is available in law.
(Ajit Kumar, J)
rishi/-
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