Patna High Court
Firoz Alam @ Firoz Khan @ Phiroz KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The petitioner is entitled to bail on furnishing a bond of Rs.10,000 with two sureties.
Summary
The petitioner, Firoz Alam, was arrested in connection with a violent incident in Gaunaha, West Champaran, where several persons were stabbed and a child died. The informant, the mother of the deceased, alleged that multiple accused, including the petitioner, participated in the assault, but the petitioner's counsel argued that the FIR does not specifically charge him with any assault, only that he was present. The petitioner had previously sought anticipatory bail, which was denied on the ground that his presence allegedly encouraged the crime. In the present regular bail application, the State and the informant could not refute the claim that no specific allegation was made against the petitioner. The court, after hearing both sides, ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, one of whom must be his wife, and warned that the trial court may cancel bail if he attempts to delay the proceedings.
Issues considered
- Whether the petitioner can be granted bail despite being present at the scene of the alleged offence.
- Whether the FIR specifically charges the petitioner with any of the offences listed.
- Whether the petitioner’s presence amounts to participation warranting denial of bail.
Legislation cited
- B.N.S., 2023 — s. 103(1), 109(1), 115(2), 118(1), 126(2), 190, 191(2), 191(3)
Subjects
- bail
- criminal procedure
- FIR
- false implication
- presence at crime scene
- anticipatory bail
- West Champaran
- assault
- murder
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3131 of 2026
Arising Out of PS. Case No.-67 Year-2025 Thana- GAUNAHA District- West Champaran
======================================================
Firoz Alam @ Firoz Khan @ Phiroz Khan S/o Late Samsuddin Khan @
Shamshul Khan @ Samsul Khan R/o Vill- Pakdi Bisauli, Madhopur, PS-
Gaunaha, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Gupta, Adv.
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
For the Informant : Mr. Bimlesh Kumar Pandey, Adv.
Mr. Satyam, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 11-03-2026 1. Heard learned counsel for the petitioner, learned
APP for the State and learned counsel appearing on behalf of the
informant Mr. Satyam.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 191(2), 191(3), 190, 126(2),
115(2), 118(1), 109(1) and 103(1) of B.N.S., 2023.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case, in which he has been
granted bail. It is next submitted that informant, who is mother
of the deceased alleges that she along with some of her family
members had gone to the field when accused persons came and
Adnan, Ayan, Aman Kamal, Adnan Kamal and Dollar stabbed
Patna High Court CR. MISC. No.3131 of 2026(2) dt.11-03-2026
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her son causing injury on his abdomen, further, Imranul,
Shabnam Khatoon and Kayamuddin Kamal assaulted her
brother Wasim Akhtar by lathi and knife causing injury on head,
thereafter, Nazir, Firoz and Iqbal stabbed Wasim Shah causing
injury on his stomach and also cut his two fingers, thereafter,
accused fled and injured were taken to hospital but here son
died on the way.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has been falsely implicated in
the instant case by the informant. It is next submitted that from
perusal of the allegations as alleged in the F.I.R., it would
manifest that specific allegation of assaulting her son and
brother is against the named accused person. It is next submitted
that there is no specific allegation of assault against the
petitioner. It is also submitted that Shabnam Khatoon who is
alleged to have assaulted her brother Wasim along with Imranul
and Kayamuddin were not present at the place of occurrence. It
is next submitted that on account of dispute relating to land, the
present occurrence is alleged to have been committed. It is
further submitted that petitioner had earlier approached this
Court seeking anticipatory bail by filing Cr. Misc.
No.62273/2025 and the same came to be rejected by an order
Patna High Court CR. MISC. No.3131 of 2026(2) dt.11-03-2026
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dated 12.09.2025 on the ground that though petitioner is not
alleged to have committed the occurrence of assault but then his
presence at the place of occurrence emboldened the accused
persons to commit the occurrence. It is next submitted that
petitioner is in custody since 18.09.2025 and charge sheet has
been submitted and if privilege of bail is granted to the
petitioner, the petitioner will not abscond rather will cooperate
in the trial to prove his innocence.
5. The learned APP and the learned counsel appearing
on behalf of the informant opposes the regular bail application
but then are not in a position to rebut the submission of the
learned counsel appearing on behalf of the petitioner that from
allegations as alleged in the FIR, it manifests that no specific
allegation of assault is alleged against the petitioner.
6. After hearing the learned counsel for the parties, let
petitioner, above named, is directed to 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 Chief Judicial Magistrate, Bettiah, West Champaran in
connection with Gaunaha P.S. Case No.67 of 2025.
7. Further, one of the bailors of the petitioner shall be
his wife, namely, Husne Ara Khatoon.
Patna High Court CR. MISC. No.3131 of 2026(2) dt.11-03-2026
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8. It is made clear that if the learned trial court comes
to a conclusion that petitioner after his release is trying to delay
the framing of charge or after framing of charge is trying to
delay the trial in any manner, the learned trial court shall be at
liberty to cancel the bail bonds of the petitioner.
(Satyavrat Verma, J)
amit/-
U T
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