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Patna High Court

Md. Parwez Alam @ PravejversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, subject to a bond, sureties and compliance with conditions under CrPC Sec. 438(2).

Summary

Six residents of Lahan Dhaka petitioned the Patna High Court for anticipatory bail in connection with a FIR dated 19 July 2024 (Case No. 303/2024) alleging their involvement in the death of four labourers, obstruction of traffic, attacks on doctors and vandalism of a hospital ICU, under various sections of the Bihar National Security Act, 2023 and the Prevention of Damage to Public Property Act, 1984. The petitioners contended that the FIR does not specifically charge them, that some have clean antecedents and that similar co‑accused have already been granted bail. The prosecution opposed bail, highlighting prior criminal records of several petitioners. The Court noted the lack of specific allegations against the petitioners and the precedent of bail to co‑accused, and consequently granted anticipatory bail subject to a Rs 10,000 bond, two sureties and conditions under CrPC Sec. 438(2). The order directs the lower court to release the petitioners upon surrender and to enforce the stipulated conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite their prior criminal antecedents.
  • Whether the FIR specifically implicates the petitioners in the alleged offences.
  • Whether the grant of anticipatory bail to similarly situated co‑accused mandates the same relief for the petitioners.
  • Whether the conditions imposed under CrPC Sec. 438(2) are appropriate and sufficient.

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedent
  • FIR
  • obstruction of traffic
  • death of labourers
  • public property damage
  • Bihar National Security Act
  • Criminal Procedure Code
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37741 of 2026
                    Arising Out of PS. Case No.-303 Year-2024 Thana- DHAKA District- East Champaran
                 ======================================================
           1.     Md. Parwez Alam @ Pravej S/o Md. Amanullah @ Amanullah R/o Village -
                  Lahan Dhaka, P.S- Dhaka, District - East Champaran
           2.    Md. Sohail Ansari @ Md. Sohail Son of Md. Manzoor Ansari Residents of
                 Village- Lahan Dhaka, P.S.-Dhaka, District- East Champaran, Bihar
           3.    Md. Jabbar @ Jabbar Son of Abdul Shakur @ Sakur Residents of Village-
                 Lahan Dhaka, P.S.-Dhaka, District- East Champaran, Bihar
           4.    Masum Alam @ Masum Son of Md. Shamim Alam @ Shamim Residents of
                 Village- Lahan Dhaka, P.S.-Dhaka, District- East Champaran, Bihar.
           5.    Rahmatullah @ Md. Rahmatullah Son of Abdul Rahim Miya @ Rahim
                 Residents of Village- Lahan Dhaka, P.S.-Dhaka, District- East Champaran,
                 Bihar.
           6.    Md. Rizwan Alam @ Rizwan @ Md. Rizwan @ Alam Son of Md.
                 Kalamuddin @ Md. Kamaluddin Residents of Village- Lahan Dhaka, P.S.-
                 Dhaka, District- East Champaran, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Zaki Haider, Advocate
                 For the Opposite Party/s :       Mr. Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   03-07-2026                     Heard Mr. Zaki Haider, learned counsel for the

                   petitioners and Mr. Pranav Kumar, learned Additional Public

                   Prosecutor for the State.

                               2. The petitioners are apprehending their arrest in

                   connection with Dhaka P.S. Case No. 303 of 2024, F.I.R. dated

                   19.07.2024 for the offences punishable under Sections 191(2),

                   191(3), 190, 329(3), 324(4), 326(g), 109, 132, 221, 121(1),
Patna High Court CR. MISC. No.37741 of 2026(3) dt.03-07-2026
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          121(2), 61(2) of the BNS, 2023 and Section ¾ prevention of

          Damage of Public Property Act, 1984.

                      3. According to prosecution case, over death of four

          laborers, these petitioners along with other accused persons

          have obstructed the traffic and also attacked on the doctors and

          also vandalized the ICU ward and other rooms of the hospital

          creating hindrance in discharging official duties.

                      4. Learned counsel for the petitioners submits that

          petitioner nos. 3, 4 and 5 have clean antecedent, petitioner no. 1

          carries two criminal antecedents and petitioner nos. 2 & 6

          carries one criminal antecedent each and they have falsely been

          implicated in the present case. He further submits that the

          allegation as alleged in the F.I.R is false and fabricated and the

          petitioners have not committed any offence as alleged in the

          F.I.R. It appear from the F.I.R that some persons have blocked

          the traffic and protest along with the dead bodies and also

          attacked on the doctors. He further submits that it appear from

          the F.I.R. that there is no specific allegation against the

          petitioners and since four persons have died, as such the

          villagers were angry. He further submits that similarly situated

          co-accused person namely, Md. Nasim Bari @ Nasim Bari has

          been granted anticipatory bail by a Co-ordinate Bench of this
Patna High Court CR. MISC. No.37741 of 2026(3) dt.03-07-2026
                                            3/4




          Court vide order dated 26.09.2025 passed in Cr. Misc. No.

          65010 of 2025 and other co-accused persons have also been

          granted bail by this Court and by different Co-ordinate Benches

          of this Court.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioners on the

          ground that petitioner no. 1 carries two criminal antecedents and

          the petitioner no. 2 and 6 have one criminal antecedent each

          other than the present one but fairly submits on the basis of

          paragraph-3 of the bail application that the petitioner no. 1 and 6

          are on bail in the said matters.

                       6. Considering the aforesaid facts and circumstances

          that there is no specific allegation against these petitioners and

          similarly situated co-accused persons have been granted

          anticipatory bail, let the petitioners, above named, in the event

          of their arrest or surrender before the court below within a

          period of thirty days from the date of receipt of the order, 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 S.D.J.M., Sikrahana, Dhaka District-

          East Champaran in connection with Dhaka P.S. Case No. 303 of

          2024, subject to the conditions as laid down under Section
            Patna High Court CR. MISC. No.37741 of 2026(3) dt.03-07-2026
                                                        4/4




                      438(2) of the Code of Criminal Procedure and with other

                      following conditions:-

                                   i. Petitioners shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on their absence on two consecutive dates without sufficient

                      reason, their bail bond shall be cancelled by the Court below.

                                   ii. If the petitioners tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioners and in case at

                      any stage it is found that the petitioners have concealed their

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioners. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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