Patna High Court
Sarfaraz AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail may be granted to the petitioners upon surrender and furnishing of the prescribed bond, subject to Section 482 of the Bhartiya Nagrik Suraksha Sanhita.
Summary
The petitioners, Sarfaraz Alam, Sahnawaz Alam and Nasiba Khatoon, sought bail fearing arrest in a case registered under multiple offences of the Bhartiya Nyaya Sanhita. The prosecution alleged that on 19 June 2025 the accused, armed with rods and lathis, assaulted the informant’s family, causing injuries that led to the father’s death. The petitioners contended that the incident stemmed from a property dispute and that the specific charge of assault with an iron rod pertained to a co‑accused, not them, asserting clean antecedents. The State opposed bail, arguing the seriousness of the offences. The Court, after considering the facts, the nature of the charges and the petitioners’ surrender conditions, ordered bail on the condition of a Rs.10,000 bond with two sureties each, subject to Section 482 of the Bhartiya Nagrik Suraksha Sanhita. The order effectively granted bail while ensuring compliance with procedural safeguards.
Issues considered
- Whether the petitioners are entitled to bail despite the grave nature of the offences alleged under the Bhartiya Nyaya Sanhita.
- Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita permits the enlargement of bail in the present circumstances.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482
- Bhartiya Nyaya Sanhita — s. 103(1), 109, 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- section 482
- property dispute
- assault
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4363 of 2026
Arising Out of PS. Case No.-229 Year-2025 Thana- ADAPUR District- East Champaran
======================================================
1. Sarfaraz Alam S/O Firoz Miyan Resident of Village- Bara Auraiya, P.S-
Adapur, Distt.- East Champaran.
2. Sahnawaz Alam S/O Firoz Miyan Resident of Village- Bara Auraiya, P.S-
Adapur, Distt.- East Champaran.
3. Nasiba Khatoon W/O Firoz Mian Resident of Village- Bara Auraiya, P.S-
Adapur, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar Mishra
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 126(2), 115(2), 118(1),
117(2), 103(1), 109, 352, 351(2) and 3(5) of the Bhartiya Nyaya
Sanhita.
3. The prosecution case, in brief, is that on 19.06.2025
at about 10:00 PM, all the accused persons named in the F.I.R.
including these petitioners, armed with Rod, Farsa and Lathi,
came at the house of informant and started abusing and on
protest made by the father of informant, on the order of
Patna High Court CR. MISC. No.4363 of 2026(2) dt.11-02-2026
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petitioner no. 1, co-accused Sohail Alam assaulted him with
Iron rod on his head, due to which he sustained head injury. It is
further alleged that when the informant went to save his father,
petitioner no.1 assaulted him with Iron rod, due to which, he
sustained injury on his head and when informant's brother came
to rescue, co-accused Arman Alam assaulted him with Lathi,
due to which he sustained head injury. In course of treatment,
father of informant died.
4. Learned counsel for the petitioners submits that on
account of property dispute, free-fight took place between the
parties, in which, both sides sustained injuries. Case and counter
case. Specific accusation of assault on the head of father of
informant with iron rod is against co-accused Sohail Alam.
Petitioners claim clean antecedent.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioners, in the event of their
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned J.M. 1st Class, Motihari, East Champaran
Patna High Court CR. MISC. No.4363 of 2026(2) dt.11-02-2026
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in connection with Adapur P.S. Case No. 229 of 2025, subject to
condition as laid down under Section 482 of the Bhartiya Nagrik
Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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