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Patna High Court

Safi Alam @ Sheikh Safi AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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