Patna High Court
Md. Manjar Alam @ ManjarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The High Court held that anticipatory bail must be granted as the allegations were doubtful, the petitioners had a clean antecedent, and the trial court had not properly considered these factors.
Summary
The petitioners, Md. Manjar Alam and his wife Noori Begam, sought anticipatory bail in connection with a criminal case (Amour P.S. Case No. 303 of 2024) alleging offences under Sections 126, 115(2), 117, 76, 303(2), 352 r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioners assaulted the informant's sons, causing injuries and stealing a silver chain. The petitioners contended that the allegations were false, arising from a prior enmity, and that the injuries were actually caused by unrelated accidents, as documented in a village panchayat record. The trial court had found a prima facie case but denied anticipatory bail. The High Court, noting the doubtful nature of the allegations, the clean antecedent of the petitioners, and the possibility of false prosecution, granted anticipatory bail subject to a bond of Rs. 10,000 and two sureties, with conditions under Section 482(2) of the BNS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged offences.
- Whether the allegations against the petitioners are false and arise from personal enmity.
- Whether the trial court erred in refusing bail without considering the factual circumstances.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 117, 126, 303(2), 352 r/w 3(5), 482(2), 76
Subjects
- anticipatory bail
- false allegations
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 126
- Section 115(2)
- Section 117
- Section 76
- Section 303(2)
- Section 352
- Section 3(5)
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28899 of 2026
Arising Out of PS. Case No.-303 Year-2024 Thana- AMAUR District- Purnia
======================================================
1. Md. Manjar Alam @ Manjar Son of Rafique Resident of Village- Maitra,
P.O. and P.S.- Amour, District- Purnea (Bihar)
2. Noori @ Noori Begam Wife of Md. Manjar Alam @ Manjar Resident of
Village- Maitra, P.O. and P.S.- Amour, District- Purnea (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
02. In the present case, the petitioners are
apprehending their arrest in connection with Amour P.S. Case
No. 303 of 2024 registered for the alleged offence under
Sections 126, 115(2), 117, 76, 303(2), 352 r/w Section 3(5) of
Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, some altercation took
place between the sons of the informant and the children of the
petitioner and when the informant went to make complaint to
the petitioners, they assaulted the sons of the informant, causing
fracture of finger and shoulder, respectively, of his two sons.
Patna High Court CR. MISC. No.28899 of 2026(2) dt.05-05-2026
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They also snatched a silver chain from the informant.
04. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in this
case. No occurrence in the manner as alleged has ever taken
place. Due to previous enmity, the informant has lodged
completely false case against the petitioners. The sons of the
informant did not receive any injury in the hands of the
petitioners. A panchayati was also held in the village wherein
the fact came to the knowledge that one of the sons dislocated
his shoulder while saving himself from a bull while another son
received injury in his finger on falling from a tree. The Mukhiya
and other villagers put their signatures on the Panchayat
document. Learned counsel further submits that the learned trial
court found a prima facie case under Sections 126, 117(2), 110,
352 r/w 3(5) of BNS but the learned Additional Sessions Judge
rejected the prayer for anticipatory bail without consideration of
facts. The petitioners are having clean antecedent.
05. Learned APP for the State opposes the submission
made on behalf of the petitioners.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
doubtful nature of alllegation and the possibility of false
Patna High Court CR. MISC. No.28899 of 2026(2) dt.05-05-2026
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accusation and also considering the clean antecedent of the
petitioners, let the petitioners above named, in the event of their
arrest or surrender before the court concerned within a period of
eight weeks from today, be released on bail, on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with
two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Purnea/court concerned in
connection with Amour P.S. Case No. 303 of 2024, subject to
the condition laid down under Section 482(2) of BNSS and
other following conditions:
(i) One of the bailors will be a close relative of
the petitioners.
(ii) The petitioners will remain present on each
and every date fixed by the court below, if so
required by the learned trial court.
(Arun Kumar Jha, J)
Ashish/-
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