Patna High Court
Sarware Alam @ Sarbare AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to a bail bond of Rs. 10,000 and two sureties, under the conditions of Section 482 B.N.S.S.
Summary
The petitioner, Sarware Alam, feared arrest in a case registered under several sections of the Bhartiya Nyaya Sanhita for assaulting an informant with an iron rod and knife, causing simple injuries. Two co-accused had already been granted anticipatory bail by the same court. The State opposed the petitioner's request for anticipatory bail. The court examined the nature of the injury, the likelihood of arrest within eight weeks, and the precedent of bail to co-accused. It held that the petitioner could be released on anticipatory bail upon furnishing a bail bond of Rs. 10,000 with two sureties of equal amount, subject to conditions under Section 482 of the B.N.S.S. 2023. The order thus enlarged bail to the petitioner pending surrender or arrest.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged assault.
- Whether the conditions imposed under Section 482 of the Bhartiya Nyaya Sanhita are appropriate.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 329(3), 3(5), 351, 482
Subjects
- anticipatory bail
- criminal procedure
- assault
- Bhartiya Nyaya Sanhita
- Section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69152 of 2025
Arising Out of PS. Case No.-10 Year-2025 Thana- THAWE District- Gopalganj
======================================================
Sarware Alam @ Sarbare Alam S/O Juman Miyan @ Mustaque Alam @
Mushtaque Alam R/O Village - Kabilaspur, P.S.- Thawe, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Thakur Brajesh Singh
For the Opposite Party/s : Mr.Ramchandra Sahni
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 10-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 329(3), 126(2), 115(2),
118(1), 109, 351, 3(5) of the Bhartiya Nyaya Sanhita.
3. As per F.I.R., this petitioner along with other co-
accused persons assaulted informant by means of iron rod and
knife. Injury, allegedly caused by this petitioner, is simple in
nature. Similarly situated two co-accused have been granted
anticipatory bail by this Court, vide order dated 01.11.2025
passed in Cr.Misc. No. 73049 of 2025.
4. Learned A.P.P. for the State has opposed the prayer
for anticipatory bail.
5. Considering the nature of injury, in the event of
arrest/surrender within a period of eight weeks from today, let
Patna High Court CR. MISC. No.69152 of 2025(3) dt.10-02-2026
2/2
the above named petitioner 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 learned Chief Judicial
Magistrate, Gopalganj in connection with Thawe P.S. Case No.
10 of 2025, subject to condition as laid down under Section 482
of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay/-
U T
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