Patna High Court
Md. Aftab AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
Holding
The Court granted bail to the petitioners, holding that the general and omnibus nature of the allegations did not justify their arrest.
Summary
The petitioners, Md. Aftab Alam, Rustam Ali and Afroj Alam, sought bail fearing arrest in a case (PS Case No. 555 of 2018) involving alleged offences under sections 147, 148, 149, 341, 323, 324, 307, 506 of the IPC, section 27 of the Arms Act and other charges. The prosecution alleged that during an inquiry into Madarsa recruitment irregularities, the accused fired firearms and assaulted an informant and others, but the petitioners contended that the specific firearm injury allegations were directed at other co‑accused and that the charges against them were general and omnibus. The State opposed bail, arguing the seriousness of the offences. The Court examined the nature of the allegations, noting the lack of specific charge against the petitioners and their clean antecedents (except for two prior offences by one petitioner). Considering these factors, the Court ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The bail order effectively disposes of the petition.
Issues considered
- Whether the petitioners are liable to be arrested despite the allegations being general and omnibus.
- Whether bail can be granted in a case involving serious IPC and Arms Act offences.
- Whether Section 482(2) of the BNSS 2023 permits the Court to enlarge bail in such circumstances.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 341, 506
Subjects
- bail
- general allegation
- omnibus charge
- IPC offences
- Arms Act
- criminal procedure
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39580 of 2026
Arising Out of PS. Case No.-555 Year-2018 Thana- JOGAPATTI District- West Champaran
======================================================
1. Md. Aftab Alam Son of Jobbair Ahmad Resident of Village- Dihi Dhabelwa,
P.S.- Yogapatti, District- West Champaran.
2. Rustam Ali Son of Yakub Ali @ Yakub Miyan Resident of Village- Dihi
Dhabelwa, P.S.- Yogapatti, District- West Champaran.
3. Afroj Alam Son of Yakub Ali @ Yakub Miyan Resident of Village- Dihi
Dhabelwa, P.S.- Yogapatti, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sitesh Kashyap, Advocate
For the Opposite Party/s : Mr.Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections
147/148/149/341/323/324/307/506, I.P.C. and 27, Arms Act.
3. The prosecution case, in brief, is that on November
14, 2018, at around 1:00 PM, during an inquiry conducted by
the Education Programme Officer into alleged irregularities in
the Madarsa recruitment process, the named accused persons
unlawfully assembled at the site, abused the informant, and,
upon the exhortation of accused Anar @ Anabar Mian to kill
Patna High Court CR. MISC. No.39580 of 2026(2) dt.23-06-2026
2/3
them, accused Mohammad Umar Ansari fired a country-made
pistol, causing a firearm injury to the informant’s head. It is
further alleged that accused Mohammad Abduaish fired a shot
that pierced through the informant's kurta, while accused Khul
Alam shot and injured Mohammad Nuruddin, following which
all the accused brutally assaulted the informant and others with
lathis and sticks, inflicting injuries across their bodies. Upon
receiving information, the police rushed to the place of
occurrence and shifted the injured persons for medical treatment
to PMCH, Patna.
4. It is submitted on behalf of the petitioners that
specific accusation of firearms injury is against other co-accused
persons. So far as, this petitioners is concerned, allegation is
general and omnibus against them. No specific allegation is
attributed against them. After investigation, police chargesheet
against 5 accused persons, however present petitioner have not
been sent up for trial by the police stating that there is no
complicity of these petitioners in the alleged occurrence .
Petitioner Nos. 1 and 3 claim clean antecedent and petitioner
No. 2 has got 2 criminal antecedents in which he is on bail.
5 . Learned counsel for the State oppose the bail
petition .
Patna High Court CR. MISC. No.39580 of 2026(2) dt.23-06-2026
3/3
6 Considering the general and omnibus allegation
against these petitioners, materials available on record and other
circumstances of the case , in the event of arrest or surrender
within eight weeks from today, let the petitioners, as named
above, be enlarged on bail on furnishing bail bond of
Rs.10,000/-(ten thousand) each with two sureties of the like
amount each to the satisfaction of the C.J.M., Bettiah, West
Champaran/Successor Court, in connection with Yogapatti P.S.
Case No. 555 of 2018 , subject to the conditions laid down
under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha
Sanhita ( BNSS) , 2023 .
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
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