Patna High Court
MD. SHAHANBAJ ALAM @ AARJU @ Shahnwaz AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 126(2), 3(5), 351(2)(3), 352, 482(2)
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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