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Patna High Court

Jamsed AlamversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                       3/3




                     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/-

U      T


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