Patna High Court
Md. Parwez Alam @ PravejversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar National Security Act, 2023 — s. 109, 121(1), 121(2), 132, 190, 191(2), 191(3), 221, 324(4), 326(g), 329(3), 61(2)
- Prevention of Damage to Public Property Act, 1984 — s. 3
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
2/4
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.