Patna High Court
Juber @ Juber AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail to the petitioners, subject to a bond and conditions, under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioners, four accused persons, sought bail in connection with a police‑station case (Kachna PS Case No. 59 of 2025) involving offences under several sections of the Bihar Negotiable Securities Act, 2023. They were alleged to have created a ruckus at the police station, pressured officers to release a detainee, and snatched a mobile phone. The petitioners contended they were falsely implicated, had no prior criminal record, and had not previously applied for anticipatory or regular bail. The State opposed the bail application. The High Court, after hearing counsel, allowed the bail petition, directing that the petitioners be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S., 2023 and the possibility of cancellation if criminal antecedents are discovered.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the offences alleged.
- Whether the petitioners have any undisclosed criminal antecedents that would preclude bail.
- Whether Section 482(2) of the B.N.S.S., 2023 permits the court to grant bail in the present circumstances.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 132, 190, 191(2), 324(4), 351(2), 351(3), 352, 49, 54
- B.N.S.S., 2023 — s. 482(2)
Subjects
- bail
- Section 482
- anticipatory bail
- criminal procedure
- police station ruckus
- Bihar Negotiable Securities Act 2023
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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