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Patna High Court

Khurshid AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.25515 of 2026(3) dt.07-05-2026
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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
Patna High Court CR. MISC. No.25515 of 2026(3) dt.07-05-2026
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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;
              Patna High Court CR. MISC. No.25515 of 2026(3) dt.07-05-2026
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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/-

U         T


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