Patna High Court
Safi Alam @ Sheikh Safi AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and conditions, due to the FIR's vagueness and the petitioner’s existing bail status.
Summary
Petitioner Safi Alam applied for anticipatory bail after a FIR was lodged alleging offences under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS). He contended that the FIR was malicious, citing a time discrepancy in the report and the absence of any warrant against him, noting that he was already on bail in two other cases. The State opposed the bail on the basis of the allegations in the FIR. The Court examined the vagueness of the FIR, the petitioner’s existing bail status, and the alleged malicious intent of the police raid. Finding the FIR insufficiently specific and considering the petitioner’s prior bail, the Court ordered that he be released on bail if arrested, subject to a bond and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The bail order includes cooperation with the investigation and the possibility of cancellation for non‑compliance.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the FIR alleging multiple offences under the BNSS.
- Whether the FIR is sufficiently specific and non‑malicious to deny bail.
- Whether the petitioner’s existing bail in other cases influences the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 115(2), 121(1), 126(2), 132, 221, 223, 255, 263, 324(4), 3(5), 351(2), 352, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- malicious FIR
- vagueness
- Bharatiya Nagarik Suraksha Sanhita
- Criminal Procedure Code
- bail conditions
- police raid
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3017 of 2026
Arising Out of PS. Case No.-116 Year-2025 Thana- THAWE District- Gopalganj
======================================================
Safi Alam @ Sheikh Safi Alam Son of Anwarul Haque Resident of Village-
Miralipur, P.S.- Thawe, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Javed Aslam, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 221, 223,
255, 263, 126(2), 115(2), 121(1), 132, 324(4), 352, 351(2) and
3(5) of the B.N.S.
3. The allegation in the First Information report is
that the police personnel had come to arrest the accused persons
against whom warrant had been issued and they had
apprehended one Lucky and this petitioner from their house but
in the meantime due to obstruction caused by the family
members, both the accused persons were made to escape.
4. Learned counsel for the petitioner submits at the
outset that the present F.I.R. has been lodged maliciously
Patna High Court CR. MISC. No.3017 of 2026(2) dt.28-01-2026
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against the petitioner and other accused persons in view of the
fact that despite the fact that the police team had left for raid on
02.06.2025 at 10:10 p.m., but the time of lodging of the First
Information Report is 02.06.2025 at 4:10 p.m. which seems to
be impossible. It is further submitted that the F.I.R. is also vague
to the extent that it has not been stated as to in which case the
warrants have been issued against the petitioner with regard to
which they had come to arrest him rather it is submitted that the
present petitioner is accused in two cases being Thawe P.S. Case
No.215 of 2020 and Complaint Case No.1508 of 2024 and in
both the cases the petitioner is already on bail, as such, there is
no question of the warrants being issued against the petitioner. It
is also a fact that the police maliciously raided the house of the
petitioner at midnight in a bailable case after five days of
receiving information that the petitioner was at his house.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and also considering the vagueness of the First
Information Report, coupled with the fact that the petitioner is
already on bail in other two cases pending against him, let the
Patna High Court CR. MISC. No.3017 of 2026(2) dt.28-01-2026
3/3
above named petitioner, be released on bail, in the event of his
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) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor Court in connection with
Thawe P.S. Case No. 116 of 2025, subject to the condition as
laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2)
of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023,
subject to further condition(s):
i. The petitioner shall co-operate with the
investigation/trial, if not already concluded and make himself
available as and when so required, failing which the prosecution will
be at liberty to move cancellation of his bail bond.
(Soni Shrivastava, J)
anand/-
U T
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