Patna High Court
Md. Alkama @ Md. AalkamaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed the petition for anticipatory bail, directing the petitioner’s release upon furnishing bail bond and complying with the stipulated conditions.
Summary
The petitioner, Md. Alkama, sought anticipatory bail fearing arrest in a land‑dispute case (Bargaon PS Case No. 52 of 2025) that alleged offences under Sections 126(2), 115(2), 118(1), 109, 352 and 3(5) of the Bihar Negotiable Sale Act. The prosecution alleged that the petitioner and co‑accused assaulted an informant with weapons, but the petitioner contended that the FIR contains no specific allegation of an overt act by him and that he has a clean antecedent. The State opposed the bail, arguing the seriousness of the charges. The Court examined the submissions, noted the lack of direct incriminating material against the petitioner, and, applying Section 438(2) of the CrPC and Section 482(2) of the BNSS, granted anticipatory bail with a cash bond and several conditions, including personal sureties and mandatory court appearances. The order emphasized that the bail conditions are subject to verification of the petitioner’s antecedents and that the observations are not binding during trial.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under Section 438 CrPC?
- Whether the petitioner’s alleged involvement in the offences is sufficiently established to deny bail?
- Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) BNSS are proper and sufficient.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- land dispute
- false implication
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6961 of 2026
Arising Out of PS. Case No.-52 Year-2025 Thana- Bargaon District- Darbhanga
======================================================
Md. Alkama @ Md. Aalkama S/O Late Masood Alam R/O Village- Bauram,
P.S- Bargaon, Distt.- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Kumar, Adv.
For the Opposite Party/s : Mr.Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Bargaon P.S. Case No. 52 of 2025 dated 06.06.2025
registered for the offences punishable under Sections 126(2),
115(2), 118(1), 109, 352 and 3(5) of the B.N.S.
3. As per the prosecution case, on account of land
dispute, the named accused persons including the petitioner is
said to have assaulted the informant with iron rod, lathi and
danda etc. It is further alleged that the co-accused, Md. Firoz
Alam armed with iron rod hit on the face of the informant while
the informant’s father, who came to his rescue, was struck on his
head by the co-accused, Tanjeer Alam.
4. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.6961 of 2026(2) dt.04-02-2026
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petitioner has falsely been implicated in this case. It has further
been submitted that from perusal of the F.I.R., it would be
evident that there is no specific allegation of overt act alleged
against the petitioner and no such occurrence as alleged has
taken place in which the petitioner has participated. It has
further been submitted that specific allegation of assault is on
the other two co-accused. It has lastly been submitted that the
petitioner has clean antecedent.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid submissions made by the
parties and taking into account the facts and circumstances of
the case, the petitioner, above named, is directed to be released
on anticipatory bail, in the event of arrest or surrender before the
Court below within a period of four weeks from today, on
furnishing bail-bond of Rs. 10,000/-(Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court below where the case is pending/successor
court in connection with Bargaon P.S. Case No. 52 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure read with corresponding
Section 482(2) of BNSS as well as subject to the following
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conditions:-
(i) One of the bailors will be a close relative of the
petitioner.
(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 on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. 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.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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