Patna High Court
Arshad AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court held that anticipatory bail should be granted to the petitioner.
Summary
Arshad Alam applied for anticipatory bail fearing arrest in a case alleging his participation in a brutal assault on the informant's son, with charges under multiple sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that ten persons, including the petitioner, assaulted the victim, while the petitioner contended that the FIR was vague, the injury report showed only two wounds, and he was falsely implicated. He highlighted that a co‑accused had already been granted bail and that he has a clean antecedent. The State and the informant opposed the bail, arguing specific allegations against the petitioner. The court, after considering the submissions, granted anticipatory bail under Section 438 of the CrPC and Section 482 of the Bharatiya Nagarik Suraksha Sanhita, imposing standard conditions, and ordered the application allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the allegations of assault.
- Whether the allegations in the FIR constitute sufficient ground to deny anticipatory bail.
- Whether the provisions of Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 are applicable to the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 303(2), 351(2), 351(3), 352
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- false implication
- assault
- Criminal Procedure Code
- Section 438
- Section 482
- Bharatiya Nyaya Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65233 of 2025
Arising Out of PS. Case No.-61 Year-2025 Thana- Gadhiya Bazar District- East Champaran
======================================================
Arshad Alam, S/o Abdul Wahab, R/o Village- Gangapur, P.S.- Madhuban,
Distt.- East Champaran .
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Usha Kumari, Adv.
Mr. Prashant Kumar, Adv.
For the Informant : Mr. Abhishek Kumar, Adv.
For the State : Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
4 17-01-2026 Heard the learned counsels appearing on behalf of the
parties.
2. The petitioner is apprehending his arrest in
connection with Garahiya Bazar P.S. Case No. 61 of 2025 (G.R.
No. 2059 of 2025) registered for the offence(s) under Section(s)
191(2), 190, 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2)
and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.).
3. As per the prosecution case, the informant has
alleged that the ten named F.I.R. accused persons including the
petitioner and five unknown persons brutally assaulted the son
of the informant. It has further been alleged that the petitioner
Patna High Court CR. MISC. No.65233 of 2025(4) dt.17-01-2026
2/4
with an intention to kill the son of the informant had assaulted
on his head indiscriminately. The F.I.R. also states that three
other persons had also assaulted the son of the informant on his
head.
4. The learned counsel for the petitioner submits that
the petitioner has falsely been implicated in this case with an
allegation of assault. It has been submitted that from the perusal
of the F.I.R., it would be evident that altogether ten persons are
stated to have indiscriminately assaulted the son of the
informant and apart from that four persons are named to have
specifically assaulted the son of the informant. However, it has
been argued that from the perusal of the injury report, which
forms part of the case diary, it would be evident that two injuries
were found on the head of the injured, namely, Shravan Kumar,
one being an incised wound and other being lacerated wound. It
has further been submitted that the allegation of assault has
falsely been leveled against the petitioner and others and the rest
of the allegations of snatching away of the gold chain and the
money are superficial.
5. It has been submitted on behalf of the petitioner
that the similarly situated co-accused, namely, Rajnish Kumar
has been granted bail by a co-ordinate Bench of this Court vide
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order dated 25.08.2025 passed in Cr. Misc. No. 56291 of 2025.
It has lastly been submitted that the petitioner has clean
antecedent.
6. The learned A.P.P. for the State as well as the
learned counsel for the informant have vehemently opposed the
prayer for grant of anticipatory bail to the petitioner and have
submitted that there is a specific allegation upon the petitioner
to have assaulted on the head of the son of informant along with
other persons.
7. Considering the facts and circumstances of the
case and the submissions advanced on behalf of the parties, let
the petitioner, above-named, be released on anticipatory bail, in
the event of his arrest or surrender before the concerned
Court/successor Court within a period of four weeks from today,
on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the concerned Court/successor Court where the
case is pending in connection with Garahiya Bazar P.S. Case
No. 61 of 2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure, 1973 read
with corresponding Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the
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following conditions :
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be a local resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the concerned
Court.
(iv) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that he has concealed his criminal antecedent, the
Court concerned shall take necessary steps for cancellation
of his bail bond. However, the acceptance of bail bond in
terms of the above-mentioned order shall not be delayed
for purpose of or in the name of verification.
8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
9. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
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