Patna High Court
Jamsed AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
Holding
Anticipatory bail was granted subject to surrender within six weeks and furnishing bail bonds with sureties under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Jamsed Alam, was implicated in a Pothia police case alleging assault with an iron rod, robbery and other offences under the Bhartiya Nyaya Sanhita, 2023. He sought anticipatory bail, claiming innocence, asserting he is the brother of the informant and that the case is a retaliatory filing linked to an earlier dispute. The State opposed the bail, arguing the seriousness of the alleged offences. The court examined the facts, the petitioner’s lack of prior criminal record, and the nature of the alleged injuries, and concluded that anticipatory bail could be granted subject to surrender within six weeks and furnishing bail bonds with sureties. Accordingly, the petitioner was ordered to be released on bail upon compliance with the conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bhartiya Nyaya Sanhita, 2023.
- Whether the nature of the alleged offences justifies denial of anticipatory bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 127(2), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- assault
- robbery
- Bhartiya Nyaya Sanhita
- Section 482
- bail conditions
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31799 of 2026
Arising Out of PS. Case No.-231 Year-2025 Thana- POTHIYA District- Kishanganj
======================================================
Jamsed Alam, Son of Late Abdul Wahid @ Abdul, Resident of Village-
Naukatta, P.S.- Pothia, District- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Nurul Hoda, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection with
Pothia P.S. Case No. 231 of 2025 dated 22.08.2025 instituted for
the offence punishable under Sections 127(2), 115(2), 118(1),
109(1), 303(2), 352, 351(2) & 3(5) of the Bhartiya Nyaya Sanhita,
2023.
3. The prosecution case, in short, is that due to old
enmity, the petitioner and one co-accused person dragged the
informant from Toto vehicle and succeeded to get him fell down
on ground. It is alleged that co-accused Mansur Alam assaulted the
informant by means of knife. It is also alleged that the petitioner
assaulted the informant by means of iron rod due to which blood
was oozing from his head. The petitioner also pressed his neck by
Patna High Court CR. MISC. No.31799 of 2026(2) dt.07-05-2026
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leg and snatched Rs. 4500/-.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and she has been falsely implicated in this
case. It is further submitted that the petitioner is the full brother of
the informant. The present case is counter blast of Pothia P.S. Case
No. 301 of 2022 dated 19.12.2022 lodged by the Mansura Begum,
wife of the petitioner for the offence punishable under Section
341, 323, 324, 326, 508, 354, 506/34 of the Indian Penal Code
against the informant and his family members, in which the
informant attacked with sharp spade on his head due to which he
sustained grievously injury. The informant was always
pressurizing the petitioner to compromise the said case. Learned
counsel for the petitioner further submits that the allegation against
the petitioner is that he assaulted with iron rod on the head of the
informant due to which he sustained head injury, but the nature of
injury mentioned in Annexure P/2 is simple in nature. Lastly, it has
been submitted that petitioner has no criminal antecedents.
5. On the other hand, learned A.P.P. for the State has
opposed the prayer for anticipatory bail of the petitioner.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, in the
event of arrest / surrender of the petitioner within a period of six
weeks from today, in connection with Pothia P.S. Case No. 231 of
Patna High Court CR. MISC. No.31799 of 2026(2) dt.07-05-2026
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2025, he will be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount each
to the satisfaction of learned A.C.J.M.-II, Kishanganj subject to
condition as laid down under Section 482(2) of the B.N.S.S.
(Khatim Reza, J)
premchand/-
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