Patna High Court
Maksud Alam @ Bhado @ BhaduversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The Court held that bail may be granted under Section 482(2) of the B.N.S.S., 2023 as there is no material ground to deny it, subject to conditions.
Summary
The petitioners, four individuals from Katihar district, sought bail in connection with a police‑station case (Kachna PS Case No. 59 of 2025) that alleged they created a ruckus, assaulted police personnel and seized a mobile phone while trying to secure the release of another detainee. They contended that they were falsely implicated, had no prior criminal record, and that co‑accused had already been granted bail in related matters. The State opposed the bail application, arguing the seriousness of the offences listed under Sections 191(2), 190, 132, 115(2), 109, 49, 54, 324(4), 352, 351(2) & (3) of the B.N.S.S., 2023. The Court examined whether the petitioners were entitled to bail under Section 482(2) of the B.N.S.S., 2023, considering the absence of prior antecedents and the lack of earlier bail applications. Finding no material reason to deny bail, the Court ordered that the petitioners be enlarged on bail upon arrest or surrender, subject to a bond of Rs 10,000 with two sureties and conditions for cancellation if criminal antecedents emerge. The order effectively granted bail pending trial.
Issues considered
- Whether the petitioners are entitled to bail under Section 482(2) of the B.N.S.S., 2023 in the present case.
- Whether the seriousness of the offences alleged precludes the grant of bail.
- Whether the petitioners' claim of no prior criminal antecedents and lack of earlier bail applications affect the bail decision.
Legislation cited
- B.N.S.S., 2023 — s. 109, 115(2), 132, 190, 191(2), 324(4), 351(2), 351(3), 352, 482(2), 49, 54
Subjects
- bail
- anticipatory bail
- Section 482
- B.N.S.S. 2023
- police station ruckus
- criminal antecedents
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4807 of 2026
Arising Out of PS. Case No.-59 Year-2025 Thana- Kachna District- Katihar
======================================================
1. Maksud Alam @ Bhado @ Bhadu Son of Late Habibur Rahman R/o
Mahinagar, Bighor, Bel Tola, P.S. - Kachna, Distt. - Katihar.
2. Mukhtar Alam, Son of Pasiruddin R/o Mahinagar, Bighor, Bel Tola, P.S. -
Kachna, Distt. - Katihar.
3. Asif @ Hasim Son of Bilai R/o Naya Tola, Khirki Tola, P.S. - Kachna, Dist.
- Katihar
4. Binod Kumar Sharma Son of Vidyanath Sharma R/o Bighor Hat, Bel Tola,
P.S. - Kachna, Dist. - Katihar.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
with
CRIMINAL MISCELLANEOUS No. 4861 of 2026
Arising Out of PS. Case No.-59 Year-2025 Thana- Kachna District- Katihar
======================================================
1. Juber @ Juber Alam Son of Ibrahim R/o Dogachh,, P.S. - Kachna, Distt-
Katihar.
2. Md. Hazique Hasan @ Md. Haji Hasan Ansari @ Md. Hazique Hasan
Ansari Son of Late Sahbub Ansari @ Late Sahbul Ansari R/o Kachna, P.S. -
Kachna, Distt- Katihar.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 4807 of 2026)
For the Petitioners : Mr. Sanjeev Kumar Singh, Advocate
For the State : Mr. Binod Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 4861 of 2026)
For the Petitioner : Mr. Sanjeev Kumar Singh, Advocate
For the State : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 04-02-2026 Both the cases are being taken up together as they arise from
Patna High Court CR. MISC. No.4807 of 2026(2) dt.04-02-2026
2/4
the same Police Station Case bearing Kachna P.S. Case No. 59
of 2025.
2. Heard learned counsel for the petitioners and
learned APP for the State.
3. The present petition has been filed on behalf of the
petitioners, apprehending their arrest, in connection with
Kachna P.S. Case No. 59 of 2025, dated-14.08.2025, registered
for the offences punishable under Sections 191(2), 190, 132,
115(2), 109, 49, 54, 324(4), 352, 351(2) & (3) of the B.N.S.,
2023.
4. As per allegation, the Petitioners along with the
other co-accused were creating ruckus in the premises of the
police station and pressurizing the police personnel to release
one Md. Sultan, who was taken into custody in connection with
Kachna P.S. Case No. 58 of 2025. The Petitioners along with
other co-accused also snatched the mobile of the police
personnel besides ransacking the articles.
5. Learned counsel for the petitioners submits that the
Petitioners are innocent and have falsely been implicated in this
case. He further submits that the Petitioners are noway involved
in the alleged offence. He also submits that similarly situated
co-accused, Shyamakant Majumdar and Musaraf @ Md.
Patna High Court CR. MISC. No.4807 of 2026(2) dt.04-02-2026
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Musarraf @ Md. Musharraf have been enlarged on bail vide
order dated 17.12.2025 passed in Cr. Misc. No.82636 of 2025
and Cr. Misc. No. 85366 of 2025, respectively.
6. It is also stated in paragraph no. 2 of the bail
petition that the petitioners have not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
7. It has further been stated in paragraph no.3 of the
petition that the petitioners have no criminal antecedents.
8. Learned APP for the State vehemently opposes the
prayer of the Petitioners for bail.
9. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioners above-named,
to be enlarged on bail, in the event of their arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on their
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of learned concerned Court below, in connection
with Kachna P.S. Case No. 59 of 2025, subject to the conditions
as laid down under Section 482 (2) of the B.N.S.S., 2023 and on
the following conditions:
(i) In case, it is brought to the notice of the court
Patna High Court CR. MISC. No.4807 of 2026(2) dt.04-02-2026
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below that the petitioners have any criminal antecedents,
learned court below shall cancel the bail bonds of the petitioners
after hearing them and getting satisfied that the petitioners have
concealed their criminal antecedents despite their knowledge of
the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the
petitioners.
(Jitendra Kumar, J.)
Chandan/-
U T
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