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Patna High Court

Md. Danish @ Md. Danish AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to the conditions prescribed under Section 482(2) of the B.N.S.S.

Summary

Petitioners Md. Danish and Md. Kamran sought anticipatory bail after being implicated in a police case (No. 151 of 2026) for alleged offences under the Bharitya Nagrik Suraksha Sanhita and the Arms Act, including ordering a co‑accused to fire on an informant. The prosecution alleged that the petitioners directed the shooting, causing injury to the informant, while the petitioners contended that the FIR was lodged with a malicious motive and that there exists a counter‑version of events. The State opposed the grant of anticipatory bail. The Court examined the material and, considering the circumstances, ordered that the petitioners be granted anticipatory bail upon surrender within six weeks, subject to a bail bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita in view of the allegations against them.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bharitya Nagrik Suraksha Sanhita
  • Arms Act
  • criminal procedure
  • high court
  • false FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34799 of 2026
                   Arising Out of PS. Case No.-151 Year-2026 Thana- PHULWARISHARIF District- Patna
                 ======================================================
           1.     Md. Danish @ Md. Danish Alam S/o Late Makshud Alam @ Late Md.
                  Makshud R/o - Mahtawana Mohalla, Police Station- Phulwari Sharif,
                  District- Patna
           2.    Md. Kamran Alam @ Md. Sonu S/o Maksud Alam @ Late Md. Makshud
                 R/o - Mahtawana Mohalla, Police Station- Phulwari Sharif, District- Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Raj Krishna Jha
                 For the Opposite Party/s :      Mr.Parmanand Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   20-05-2026                      The matter has been taken up today through video

                   conferencing.

                                2. Heard learned counsel for the petitioners and

                   learned APP for the State.

                               3. The Petitioners are apprehending their arrest in

                   connection with Phulwari Sharif P.S. Case No. 151 of 2026,

                   registered for the offence punishable under Sections 126(2),

                   115(2), 109, 352 and 351(2) (3) of the B.N.S. and Section 27 of

                   the Arms Act.

                                4. As per the prosecution case, it has been alleged that

                   upon orders of these two petitioners, co-accused Md. Imran @

                   Katta fired upon the informant which hit on the leg and he
Patna High Court CR. MISC. No.34799 of 2026(2) dt.20-05-2026
                                            2/3




          became unconscious and when he regained his consciousness,

          he found himself being treated at PMCH, Patna.

                       5. Learned counsel for the petitioners has submitted

          that the petitioners have been made accused in this case with

          allegation of being order-giver and the same has been purposely

          levelled in order to distribute the allegation. It has further been

          submitted that, in fact, the informant got injured in somewhat

          another manner known to him and was being treated at PMCH,

          but with oblique motive, the present FIR has been lodged

          against the petitioners. It has further been submitted that there is

          a counter version of the present FIR against the informant side

          and there are serious dispute between the parties. It has lastly

          been submitted that the petitioners have been made accused in

          one another case, but the same was lodged on the same day by

          the neighbour in which they are on bail.

                       6. Learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioners.

                       7. Heard the parties and perused the record.

                       8. Considering the aforesaid facts and circumstances

          of the case, let the above named petitioners, in the event of their

          arrest/surrender within a period of six weeks from today, be

          enlarged on anticipatory bail on furnishing bail-bond of Rs.
          Patna High Court CR. MISC. No.34799 of 2026(2) dt.20-05-2026
                                                      3/3




                    10,000/- (Rupees ten thousand) each with two sureties of the

                    like amount each to the satisfaction of the learned ACJM-IV,

                    Patna, in connection with Phulwari Sharif P.S. Case No. 151 of

                    2026 subject to the conditions as laid down under Section

                    482(2) of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)

                                 9. This application stands allowed.



                                               (Praveen Kumar, J)
Pawan/-

U     T


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