Patna High Court

Aftab Alam @ Aftab ShahversusThe State of Bihar

Decided: 30 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Aftab Alam, sought anticipatory bail in connection with a criminal case (PS Case No. 336 of 2024) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The allegations involved assault on an informant with intent to kill and a firearm injury caused by a co‑accused, Adarsh Patel. The petitioner contended that he was falsely implicated based on a prior land dispute and that no specific overt act was attributed to him. The State opposed the bail, arguing the seriousness of the charges. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs. 15,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, provided the petitioner surrenders within six weeks.

Issues considered

Whether anticipatory bail should be granted to the petitioner despite the serious nature of the alleged offences
Whether the allegations against the petitioner are sufficiently specific to deny bail
Applicability of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 in granting anticipatory bail

Legislation cited

Arms Act — s. 27
Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita, 2023 — s. 109, 125, 126(2), 152(2), 191(2), 351, 352

Subjects

anticipatory bail
false implication
criminal procedure
Bharatiya Nyaya Sanhita
Arms Act
Section 482
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4354 of 2026
                  Arising Out of PS. Case No.-336 Year-2024 Thana- BHAGWANPUR HAT District- Siwan
                 ======================================================
                 Aftab Alam @ Aftab Shah S/o Ash Mohammad Shah @ Ash Mahammad
                 Shah R/o Village - Mishra Ke Mora (Mora Khash), P.S - Bhagwanpur Hatt,
                 District - Siwan



                                                                                ... ... Petitioner/s
                                                      Versus


                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Amarendar Kumar, Advocate
                 For the Opposite Party/s :      Mr. Rajendra Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   30-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Bhagawanpur Hatt P.S. Case No. 336 of 2024 instituted for

                   the offences under Sections 191(2), 126(2), 152(2), 125, 109,

                   352, 351 of the Bharatiya Nyaya Sanhita, 2023 and Section 27

                   of the Arms Act.

                               3. Accusation against the accused persons is of

                   assaulting the informant with intention to kill him. It is further

                   alleged that the co-accused Adarsh Patel fired upon the
Patna High Court CR. MISC. No.4354 of 2026(2) dt.30-01-2026
                                            2/3




          informant which hit on the right hand of the uncle Pramod

          Kumar.

                      4. Learned counsel for the petitioner submitted that the

          petitioner has falsely been implicated in the present case. The

          name of the petitioner is being dragged in this case on the basis

          of previous land dispute. Learned counsel for the petitioner

          submitted that general and omnibus allegation has been made

          against the petitioner. No specific overt act is alleged against

          the petitioner. The specific allegation of causing firearm injury

          is attributed to co-accused Adarsh Patel. It has been submitted

          on behalf of the petitioner that the petitioner has one criminal

          antecedent.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, let the petitioner above named, in the event of

          arrest/surrender before the learned Court below within a period

          of six weeks from today, be released on anticipatory bail on

          furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)

          with two sureties of the like amount each to the satisfaction of

          Court below/concerned Court in connection with Bhagawanpur

          Hatt P.S. Case No. 336 of 2024, subject to the conditions as laid
           Patna High Court CR. MISC. No.4354 of 2026(2) dt.30-01-2026
                                                       3/3




                     down under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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