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Patna High Court

Nasim Alam @ NasimversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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