Patna High Court

Md. Chand @ Md Chand AlamversusThe State of Bihar

Decided: 19 May 2026
Disposal: BAIL GRANTED
Bench: PRAVEEN KUMAR

Holding

The Court granted anticipatory bail to the petitioner subject to a bail bond and conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

Summary

The petitioner, Md. Chand Alam, aged about 63, was accused of assaulting an informant with an iron rod, leading to a FIR registered three days after the incident under multiple offences of the Bhartiya Nyaya Sanhita. He filed an application for anticipatory bail, contending that the injuries were simple, there was a case‑counter‑case scenario, and he was already on bail in another matter. The State opposed the bail, emphasizing the seriousness of the charges listed. The Court examined the delay in filing the FIR, the petitioner’s age, and the nature of the alleged injuries. Considering these circumstances, the Court ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita. The order is effective if the petitioner surrenders within six weeks of the order.

Issues considered

Whether anticipatory bail should be granted in a case involving alleged assault under Sections 126(2), 115(2), 117(2), 118(1), 109(1), 303(2), 351(2) and 3(5) of the Bhartiya Nyaya Sanhita.
Whether the delay of three days in lodging the FIR and the petitioner’s advanced age justify the grant of anticipatory bail.
Whether the conditions prescribed under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita can be imposed to secure the bail.

Legislation cited

Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
Bhartiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(2)

Subjects

anticipatory bail
assault
delay in FIR
age of accused
Section 482
criminal procedure
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34446 of 2026
                   Arising Out of PS. Case No.-85 Year-2026 Thana- MANJHAGARH District- Gopalganj
                 ======================================================
                 Md. Chand @ Md Chand Alam S/O Late Md Nasiruddin @ Late Nasruddin
                 R/O Village- Gulam Husain Tola, Manjha Nai Bazaar, P.S.- Manjhagarh,
                 Distt.- Gopalganj.                                   ... ... Petitioner
                                                Versus
                 The State of Bihar                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Krishna Prabhat
                 For the Opposite Party/s :      Mr.Sanjay Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   19-05-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                   2. This application for anticipatory bail arises out

                   of Manjhagarh P.S. Case No. 85 of 2026, registered for the

                   offence punishable under Sections 126(2), 115(2), 117(2),

                   118(1), 109(1), 303(2), 351(2), 3(5) of the Bhartiya Nyaya

                   Sanhita.

                                   3. As per allegation, the petitioner is alleged to

                   have assaulted by means of iron rod on the head of the

                   informant.

                                   4. Learned counsel for the petitioner has submitted

                   that there is case and counter case between the parties and,

                   referring to the impugned order, learned counsel for the

                   petitioner has submitted that though injuries on the informant

                   has been discussed, but nature of the injuries has not been
          Patna High Court CR. MISC. No.34446 of 2026(2) dt.19-05-2026
                                                      2/2




                    mentioned. Learned counsel for the petitioner has drawn the

                    attention of this Court to paragraph 11 of anticipatory bail

                    application, wherein it has been stated that the injuries sustained

                    by the informant is opined to be simple in nature. It has further

                    been submitted that the petitioner is an old man, aged about 63

                    years, and there is delay of three days in lodging the FIR. It has

                    lastly been submitted that the petitioner was accused in one

                    another case in which he is on bail.

                                    5. Learned counsel for the State opposed the prayer

                    of anticipatory bail of the petitioner.

                                 6. Heard the parties and perused the record.

                                 7. Considering the facts and circumstances, let the

                    petitioner above named, in the event of his arrest/surrender

                    within six weeks from today in the Court below, be released on

                    bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

                    with two sureties of the like amount each to the satisfaction of

                    the learned CJM, Gopalganj, in connection with Manjhagarh

                    P.S. Case No. 85 of 2026, subject to the conditions as laid down

                    under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.



                                               (Praveen Kumar, J)
Pawan/-

U     T

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