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Patna High Court

MD. SHAHANBAJ ALAM @ AARJU @ Shahnwaz AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioners subject to the conditions prescribed under section 482(2) of the BNSS.

Summary

The petitioners, Md. Shahanbaj Alam and Md. Arman, filed a bail petition fearing arrest in a case registered under several sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for alleged assault on an informant. They contended that the allegations were vague, they had a clean antecedent, and no substantive evidence linked them to the offence. The State opposed the bail, arguing the seriousness of the charges. The Court, after considering the petitioners' clean record and the circumstances, ordered that bail be granted upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the BNSS. The order effectively released the petitioners on bail pending further proceedings.

Issues considered

  • Whether the petitioners are entitled to bail in a case registered under sections 126(2), 115(2), 109, 352, 351(2)(3) and 3(5) of the BNSS.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • BNSS
  • section 482
  • clean antecedent
  • assault
  • pre‑trial liberty

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3966 of 2026
                  Arising Out of PS. Case No.-998 Year-2025 Thana- KATIHAR NAGAR District- Katihar
               ======================================================
           1 . MD. SHAHANBAJ ALAM @ AARJU @ Shahnwaz Alam Son of Md.
                Sajjad @ Md. Sajjad Alam Resident of Mohalla - Hariganj, Katihar, Police
                Station - Town in the district of Katihar.
           2.    Md. Arman @ Shahbaz Alam @ Arman Son of Md. Sajjad @ Md. Sajjad
                 Alam Resident of Mohalla - Hariganj, Katihar, Police Station - Town in the
                 district of Katihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sunil Kumar , Advocate
                 For the Opposite Party/s :      Mrs. Dr. Indiwar Kumari , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   02-02-2026                        Heard learned counsel for the petitioners and the

                   State .

                                2. Petitioners apprehend their arrest in a case

                   registered for the offence punishable under sections 126 ( 2 ),

                   115 ( 2 ), 109, 352, 351 ( 2 ) (3) and 3 (5) of BNS.

                                3 . As per F.I.R., these petitioners along with other

                   co-accused persons armed variously came and assaulted

                   informant and others.

                                4. It is submitted on behalf of the petitioners that

                   petitioners are quite innocent and has committed no offence as

                   alleged. Allegation of assault is general and omnibus against

                   these petitioners. Case and counter case . Petitioners claim clean
            Patna High Court CR. MISC. No.3966 of 2026(2) dt.02-02-2026
                                                        2/2




                      antecedent.

                                   5 . Learned counsel for the State oppose the bail

                      petition .

                                    6 Considering the aforesaid facts, clean antecedent

                      of these petitioners 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 learned

                      Chief Judicial Magistrate Katihar in connection with Katihar

                      Nafar P.S. Case No. 998 of 2025 , subject to the conditions laid

                      down under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha

                      Sanhita ( BNSS) , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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