Patna High Court
Md. Firoj Alam @ Md Firoz @ Firoj AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
Bail was granted to the petitioner on the principle of parity, subject to conditions under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioner, Md Firoj Alam, was charged under multiple sections of the B.N.S., 2023 for allegedly assaulting the son of an informant with a chhura and iron rod, causing a head fracture, and for the theft of a golden chain. He contended that he was falsely implicated, that the allegations against him were vague, and that co‑accused Kalu had already been granted anticipatory bail. The petitioner also asserted that he had no prior criminal record and had not previously applied for bail. The State opposed the bail application. The High Court, noting the absence of specific allegations against the petitioner and applying the principle of parity with the co‑accused, ordered that bail be granted upon arrest or surrender within eight weeks, subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether bail should be granted to the petitioner in view of the lack of specific allegations against him
- Whether the principle of parity with co‑accused already on bail warrants granting bail to the petitioner
Legislation cited
- B.N.S., 2023 — s. 110, 115(2), 118(1), 126(2), 303(2), 329(3), 329(4), 3(5), 351(2), 352
- B.N.S.S., 2023 — s. 482(2)
Subjects
- bail
- anticipatory bail
- parity principle
- criminal antecedents
- Section 482
- Bihar High Court
- assault
- theft
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.661 of 2026
Arising Out of PS. Case No.-75 Year-2025 Thana- AKBARNAGAR District- Bhagalpur
======================================================
Md. Firoj Alam @ Md Firoz @ Firoj Alam, S/o Late Nisar @ Late Md. Nisar
R/o Village - Simraha, P.O and P.S - Akbarnagar, District – Bhagalpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Ravindra Kumar Sinha, Advocate
For the State : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Akbarnagar P.S. Case No.75 of 2025,
dated.21.06.2025, registered for the offences punishable under
Sections 115(2), 126(2), 118(1), 110, 329(3), 329(4), 303(2),
351(2), 352, 3(5) of the B.N.S., 2023.
3. As per allegation, the Petitioner along with the
other co-accused armed with chhura and iron rod entered the
house of the informant and assaulted the son of the informant
causing fracture in his head and when the victim cried for help,
the co-accused, Kalu pressed his neck and snatched his golden
chain
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.661 of 2026(2) dt.28-01-2026
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Petitioner is innocent and has falsely been implicated in this
case. He further submits that the allegation against the accused
persons are general and omnibus in nature, except the specific
allegation against the co-accused, Kalu that he pressed the neck
and stole the golden chain of the victim. He also submits that
Kalu and other co-accused have already been enlarged on
anticipatory bail by the court below itself and the case of the
Petitioner is on better footing than that of Kalu.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the fact that there is no specific
allegation against the Petitioner and other co-accused, including
Kalu have already been enlarged on bail, this petition is
allowed, directing the petitioner, above-named, to be enlarged
on bail following the principle of parity, in the event of his arrest
or surrender before the court below within a period of eight
weeks from the date of receipt / production of a copy of this
Patna High Court CR. MISC. No.661 of 2026(2) dt.28-01-2026
3/3
order, on his furnishing bail bonds in the sum of Rs. 10,000 /-
(Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned concerned Court below, in connection
with Akbarnagar P.S. Case No.75 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
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his 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 petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
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