Patna High Court
Nasim Alam @ NasimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the conditions imposed by the Court.
Summary
Nasim Alam applied for anticipatory bail after being named in an FIR for assault, robbery and other offences under the Bharatiya Nyaya Sanhita. He claimed innocence, arguing that the allegations were vague and lacked specific overt acts against him. The State opposed the bail, contending the seriousness of the charges. The Court examined the nature of the accusations and the statutory provisions governing anticipatory bail. It held that the petitioner was entitled to anticipatory bail, subject to a bail bond of Rs.10,000, two sureties of the same amount, and compliance with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directed that if arrested within eight weeks, the petitioner be released on bail upon furnishing the bond and sureties.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the allegations made in the FIR.
- Whether the allegations in the FIR are sufficiently specific to deny anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 3(5), 351(2)(3), 352
Subjects
- anticipatory bail
- criminal procedure
- assault
- robbery
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5163 of 2026
Arising Out of PS. Case No.-71 Year-2025 Thana- TERHAGACHH District- Kishanganj
======================================================
Nasim Alam @ Nasim S/o Asaru Resident of Sharma toli, Fulwari, P.S-
Tedhagachh, Dist- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kumar, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 118(1),
109(1), 351(2)(3), 352, 3(5) of the Bharatiya Nyaya Sanhita.
3. Prosecution case, in brief, is that all the F.I.R.
named accused persons, including this petitioner, assaulted
informant by means of bamboo, lathi, feet and fists and
snatched cash of Rs. 50,000/-.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Allegation
of assault is general and omnibus and there is no specific
allegation of any overt act against petitioner. Rest of the
allegations are ornamental only to make the case grave.
5. Learned A.P.P. for the State vehemently opposed
Patna High Court CR. MISC. No.5163 of 2026(2) dt.03-02-2026
2/2
the bail application.
6. Considering backdrop of the case, nature of
accusation, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Judicial Magistrate, 1st Class,
Kishanganj in connection with Tedhagachh P. S. Case No. 71 of
2025, subject to condition as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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