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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

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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