Patna High Court

Mohsin Alam @ Md. MohsinversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: SHAILENDRA SINGH

Holding

The court grants anticipatory bail to the petitioner subject to a bail bond and sureties.

Summary

The petitioner, Mohsin Alam, sought anticipatory bail fearing arrest in connection with FIR No. 189 of 2025, which alleged offences under several sections of the Bihar Negotiable Statutes (BNS). He argued he has no criminal antecedent and that the informant, his own brother, was the aggressor, having filed a counter‑FIR (Case No. 190 of 2025) and sustaining only simple injuries. The State opposed the bail, but the court noted the case‑and‑counter‑case nature, the simple injuries to the informant, and the petitioner's clean record. Considering these factors, the court inclined to grant anticipatory bail. The order directed the petitioner to furnish a bail bond of Rs. 20,000 with two sureties and comply with conditions under Section 482(2) of the BNS.

Issues considered

Whether anticipatory bail should be granted to the petitioner given the allegations and the relationship between the parties
Whether the nature of injuries and the existence of a counter‑FIR affect the grant of bail

Legislation cited

Bihar Negotiable Statutes (BNS) — s. 109(1), 115(2), 118(1), 126(2), 3(5), 351(2), 352, 482(2), 76

Subjects

anticipatory bail
criminal antecedent
FIR
Bihar Negotiable Statutes
section 482
bail bond
sureties
relative dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4843 of 2026
                  Arising Out of PS. Case No.-189 Year-2025 Thana- TERHAGACHH District- Kishanganj
                 ======================================================
                 Mohsin Alam @ Md. Mohsin, S/o- Late Iliyas, R/v- Asha Ward no. 05 P.S.-
                 Terhagachh District- Kishanganj
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ram Prawesh Kumar, Adv.
                 For the Opposite Party/s :        Ms. Rina Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   24-02-2026                  1. Heard the parties.

                                2. The petitioner apprehends his arrest in connection

                   with Tedhagachh P.S. Case No. 189 of 2025 dated 21.09.2025

                   registered for the offence(s) punishable under Section(s) 126(2),

                   115(2), 118(1), 109(1), 76, 352, 351(2) and 3(5) of the BNS.

                                3.            Mr. Ram Prawesh Kumar, learned counsel

                   appearing for the petitioner submits that the petitioner bears no

                   criminal antecedent, the informant is the real brother of the

                   petitioner, in fact, on the alleged day of occurrence the informant

                   himself assaulted the petitioner and his mother for which the

                   Tedhagachh P.S. Case No. 190 of 2025 was lodged under Sections

                   126(2), 115(2), 118(1), 351(2) 352 and 3(5) of the BNS. and as far

                   as the allegations levelled against this petitioner in the FIR is

                   concerned the nature of the injuries found on the body of the

                   informant Md. Jawed does not corroborate the manner of the

                   assault as well as the alleged weapons as the injury was opined to
              Patna High Court CR. MISC. No.4843 of 2026(2) dt.24-02-2026
                                                          2/2




                        be simple in nature and the same is also discussed in the impugned

                        order.

                                     4. Learned APP appearing for the State has opposed the

                        bail prayer of the petitioner.

                                     5.   In the facts and circumstances of this case and

                        considering the above stated facts and the petitioner's pleas and

                        mainly coupled with the fact that there is case and counter case in

                        between both the parties who were close relatives and the

                        informant who is said to be the main injured sustained simple

                        injuries and also taking into account the petitioner's fair and clean

                        antecedent, this court is inclined to grant him the relief of

                        anticipatory bail. Accordingly, let the petitioner named-above, in

                        the event of his arrest/surrender before the learned court below

                        within a period of six weeks from today, be released on

                        anticipatory bail in connection with Tedhagachh P.S. Case No. 189

                        of 2025 on furnishing bail bond of Rs. 20,000/-(Rupees Twenty

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of the Court concerned, subject to the conditions as

                        laid down under Section 482(2) of the BNSS.



                                                  (Shailendra Singh, J)
Rajiv/-

U         T

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