Patna High Court
Md. Danish @ Md. Danish AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Arms Act — s. 27
- Bharitya Nagrik Suraksha Sanhita — s. 482(2)
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
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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.
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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/-
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