Patna High Court
Md. KalamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner under Section 482(2) of the BNSS, subject to the conditions imposed.
Summary
The petitioner, Md. Kalam, was named among 23 accused in an FIR alleging offences under Sections 147, 341, 323, 504, 506, 354B, 307 and 379 of the IPC, stemming from a property‑related altercation on 13‑04‑2024. He contended that the informant, who is a relative, falsely implicated him to settle a property dispute and that the alleged knife injury was either non‑existent or minor. The petitioner applied for anticipatory bail, offering a bail bond of Rs.10,000 with two sureties, and sought release if arrested within six weeks, invoking Section 482(2) of the BNSS. The Court examined the claim of false implication and the nature of the injuries, noting that the investigating officer could not confirm the use of a knife. Relying on Section 482(2), the Court granted anticipatory bail subject to the stipulated conditions and dispensed with the personal appearance of the investigating officer.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS despite the serious offences alleged in the FIR
- Whether the allegations against the petitioner constitute false implication arising from a property dispute
Subjects
- anticipatory bail
- false implication
- property dispute
- IPC offences
- Section 482
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4575 of 2026
Arising Out of PS. Case No.-128 Year-2024 Thana- JAYNAGAR District- Madhubani
======================================================
Md. Kalam Son of Md. Ramjan @ Ramjan Pamariya Resident of Village-
Bela Pamariya Tola PS- Jaynagar District -Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Adv
Mr.Ravi Prakash, Adv
For the Opposite Party/s : Mr Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 23-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 147, 341,
323, 504, 506, 354B, 307 and 379 of IPC.
3. The Investigating Officer of the case, in
compliance of the order dated 16-4-2026, is present in the
Court.
4. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and the informant alleges
that 23 named accused persons including the petitioner came on
13-4-2024 at 9 am at his door and on orders of Noor, accused
Md. Izrail and Md. Kalam (Petitioner) assaulted him with knife
causing injury on head and also assaulted Jamila Khatoon
Patna High Court CR. MISC. No.4575 of 2026(4) dt.23-04-2026
2/3
causing injury on eye and head, thereafter Navi Hasan assaulted
Mukhtar by iron rod causing injury on head and accused took
away ornaments an cloths along with Rs. 1 lakh and Noor
molested Jamila.
5. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant on account of dispute relating to property. It is next
submitted that side of the petitioner and the informant are
related. It is further submitted that though in the FIR, it is
alleged that petitioner assaulted the informant by knife causing
injury on head, but then the said allegation has been alleged
only with a view to give seriousness to the case, when injury
suffered by the injured has been opined to be simple in nature. It
is also submitted that from side of the petitioner also, people
were injured as an altercation had taken place in which both
sides assaulted each other.
6. On query of the Court from the Investigating
Officer that as to whether the informant was assaulted by knife
or not; it is submitted that an altercation took place in which
both sides assaulted each other, but then knife was not used in
the occurrence and injury has been opined to be simple in
nature.
Patna High Court CR. MISC. No.4575 of 2026(4) dt.23-04-2026
3/3
7. After hearing the learned counsel for the parties,
the petitioner above-named, in the event of his arrest or
surrender within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned trial court where the case
is pending/successor court in connection with Jainagar P.S. Case
No. 128 of 2024 subject to the conditions as laid down under
Section 482 (2) of the BNSS.
8. The personal appearance of the Investigating
Officer of the case is dispensed with.
(Satyavrat Verma, J)
Sumit/-
U T
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