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Patna High Court

Parwej Alam @ Prawej AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
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          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
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          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
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                                      (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


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