Patna High Court
Vikky @ Shahwaj Alam @ Md. Shahwaz Alam @ BickyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners, five residents of Rashidpur, sought anticipatory bail fearing arrest in a case registered under multiple IPC sections for a vehicular incident that resulted in a death and subsequent village protest. The informant reported that a vehicle had struck a person, leading to villagers assaulting the driver and police, after which the accused allegedly turned violent towards police. The FIR named ten accused and 20‑25 unknown persons, but the petitioners argued that no specific overt act was attributed to them, noting they are relatives of the deceased. They also highlighted that similarly situated co‑accused had been granted anticipatory bail in a prior order (Cr.Misc. No. 72145 of 2025). The State opposed the bail, but the Court, applying Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, ordered that the petitioners be released on bail if they surrender within eight weeks, subject to a bond of Rs.10,000 with two sureties.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 despite the FIR containing general allegations.
- Whether the lack of specific overt acts against the petitioners justifies bail.
Legislation cited
Subjects
- anticipatory bail
- Section 482
- criminal procedure
- IPC offences
- vehicle accident
- public protest
- Bhartiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4369 of 2026
Arising Out of PS. Case No.-48 Year-2024 Thana- AKBARNAGAR District- Bhagalpur
======================================================
1. Vikky @ Shahwaj Alam @ Md. Shahwaz Alam @ Bicky S/o Late Nursid @
Nursid Alam R/o Village- Rashidpur, Thana- Akbarnagar, District-
Bhagalpur
2. Farhan Alam @ Farhan S/o Arshad @ Arsad Alam R/o Village- Rashidpur,
Thana- Akbarnagar, District- Bhagalpur
3. Masud @ Masrur Ali @ Md. Masor Ali S/o Latif R/o Village- Rashidpur,
Thana- Akbarnagar, District- Bhagalpur
4. Jahid @ Mister @ Md. Jahid S/o Late Murshid R/o Village- Rashidpur,
Thana- Akbarnagar, District- Bhagalpur
5. Bado @ Md. Firdos S/o Late Masoom R/o Village- Rashidpur, Thana-
Akbarnagar, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjan Kumar Jha
For the Opposite Party/s : Mr.Madhura Nand Jha
======================================================
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 147, 149, 341 , 342,
323 , 307, 353 , 504 and 506 of IPC.
3 The informant A.S.I. Nandkishor Yadav alleged that
he got an information on 02.05.2024 that a vehicle dashed a
person, as a result of which he died on the spot, due to which
villagers were protesting and assaulting the conductor and driver
Patna High Court CR. MISC. No.4369 of 2026(2) dt.11-02-2026
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of the vehicle. Upon such information, informant along with
other police personnel went there and tried to pacify the matter,
then accused persons became violent, abused and scuffled with
police officers.
4. Learned counsel for the petitioners submits that
F.I.R. was lodged against 10 named accused persons and 20-25
unknown persons. There is general and omnibus allegation. No
specific overt act has been attributed to these petitioners.
Petitioner nos. 1, 2, 3 & 5 are nephew and petitioner no. 4 is
own son of the deceased, who met with an accident and died on
spot. He further submits that one day prior to institution of
present case, Akbarnagar P.S. Case No. 46 of 2024 was lodged
from petitioners’ side. Similarly situated co-accused persons
have been granted anticipatory bail by this Court, vide order
dated 14.10.2025 passed in Cr.Misc. No. 72145 of 2025.
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
Patna High Court CR. MISC. No.4369 of 2026(2) dt.11-02-2026
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satisfaction of learned ACJM- I Bhagalpur in connection with
Akbarnagar P.S. Case No. 48 of 2024, 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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