Created by Fuzzy Cloud

Patna High Court

Md. KalamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.