Patna High Court
Parwej Alam @ Prawej AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Parwej Alam, was arrested on 15 June 2025 in connection with FIR dated 14 June 2025 alleging a violent assault on an informant’s family, resulting in the death of the informant’s husband. The prosecution charged him under numerous sections of the B.N.S., 2023. The petitioner contended that he has a clean antecedent and that the FIR does not specifically allege any overt act by him, noting that several co‑accused have already been granted regular or anticipatory bail. The State opposed the bail application. The Court, after considering the lack of specific allegations against the petitioner, his clean record, and the bail granted to similarly situated co‑accused, ordered his release on bail subject to a Rs 10,000 bond, two sureties, and conditions regarding cooperation, presence in court, and non‑tampering with evidence. The bail order was directed to be implemented by the Judicial Magistrate, 1st Class, Saran.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged
- Whether the petitioner’s clean antecedent and lack of specific allegation against him justify bail
- Whether the bail granted to co‑accused influences the petitioner’s bail application
Legislation cited
- B.N.S., 2023 — s. 103, 109, 115, 117, 118, 127, 190, 191, 3, 351, 352, 76
Subjects
- bail
- anticipatory bail
- clean antecedent
- criminal procedure
- B.N.S. 2023
- conditions of bail
- multiple offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30114 of 2026
Arising Out of PS. Case No.-264 Year-2025 Thana- BANIAPUR District- Saran
======================================================
Parwej Alam @ Prawej Alam son of Late Mansoor Alam Resident Of Village
-Karah Dargahi Tola Police Station- Baniyapur District -Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shambhawi, Advocate
For the State : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-05-2026 Heard Ms. Shambhawi, learned counsel for the
petitioner and Mr. Arun Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
15.06.2025, in connection with Baniyapur P.S. Case No. 264 of
2025, F.I.R. dated 14.06.2025 registered for the offences
punishable under Sections 191(2), 191(3), 190, 127(1), 115(2),
118(1), 117(2), 109, 103(1), 76, 351(2), 352, 3(5) of the B.N.S.,
2023.
3. According to the prosecution case, on 13.06.2025 at
about 09:00 P.M., the informant was at home when several
named and unknown accused persons arrived armed with lathi,
danda, sword and farsa and abused her. When her husband and
nephew objected, they were allegedly assaulted with sharp
weapons, causing serious injuries. It is further alleged that the
Patna High Court CR. MISC. No.30114 of 2026(2) dt.07-05-2026
2/4
informant was outraged and the accused fled on arrival of
police. The injured were taken to hospital and the informant’s
husband later died during treatment. The alleged motive is prior
dispute.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. It appears from the F.I.R. that
although the petitioner is named in the F.I.R. but there is no
specific allegation of any assault or overt act attributed against
the petitioner and there is specific allegation of assault attributed
against co-accused persons, namely, Soaib Khan, Asad Iqbal,
Sahnaz Khan, Israfil Khan and Jugnoo Khatoon and for the
same set of allegation co-accused person, namely, Aadil Khan
@ Aadil Imran and Ejaj Khan @ Md. Ejhad have been granted
the privilege of anticipatory bail by a Coordinate Bench of this
Court vide order dated 15.01.2026 passed in Cr. Misc. No.
90315 of 2025, another co-accused person, namely, Sahjad
Khan @ Shajad Khan has been granted bail by this Court vide
order dated 22.01.2026 passed in Cr. Misc. No. 81323 of 2025,
another co-accused person, namely, Israfil Khan @ Isarafal
Khan has been granted bail by this Court vide order dated
22.01.2026 passed in Cr. Misc. No. 77971 of 2025 respectively.
Patna High Court CR. MISC. No.30114 of 2026(2) dt.07-05-2026
3/4
She further submits that the police after investigation submitted
chargesheet against the petitioner and the petitioner is in custody
since 15.06.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and there
is no specific allegation of any assault or overt against him and
similarly situated co-accused persons have been granted regular
bail or anticipatory bail by this Court as well as period of
custody, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate 1st Class, Saran, Chapra in
connection with Baniyapur P.S. Case No. 264 of 2025, subject
to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.30114 of 2026(2) dt.07-05-2026
4/4
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
Checking your session…