Patna High Court
Ali Hussain @ Alee Husain MiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Ali Hussain, sought anticipatory bail fearing arrest in connection with FIR No. 172 of 2023 that alleged offences under several IPC sections. He asserted a clean antecedent and claimed false implication by the informant, alleging a dispute over a Madarsa that led to mutual assaults. The petitioner highlighted that a similar anticipatory bail was previously granted to Nasir Devan and others in Criminal Miscellaneous No. 64193 of 2024 after detailed consideration. The State opposed the bail, but the court, noting the simple nature of injuries, the prior order, and the context of a counter‑blast FIR, decided to grant anticipatory bail subject to conditions under Section 482(2) of the BNSS. The order directed the petitioner to furnish bail bonds and sureties if arrested within six weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the FIR alleging multiple IPC offences
- Whether the prior anticipatory bail order in a related case influences the present application
- Whether the nature of injuries and the dispute context justify granting bail
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 341, 427, 504, 506
Subjects
- anticipatory bail
- Indian Penal Code
- Section 482
- false implication
- Madarsa dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72073 of 2025
Arising Out of PS. Case No.-172 Year-2023 Thana- PIPRAKOTHI District- East Champaran
======================================================
Ali Hussain @ Alee Husain Miya S/o Late Dahaur Miyan @ Dahaur Miya
Resident of Village - Suryapur Koieiyaq Tola, P.S. - Piprakothi, District - East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhurendra Kumar, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 11-02-2026 1. Heard learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Piprakothi P.S. Case No. 172 of 2023 registered for the
offences punishable under Sections 147, 148, 149, 341, 323,
324, 427, 307, 504 and 506 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that he is secretary of Madarsa and the accused persons
including 150 unknown accused damaged his alto car by pelting
bricks and thereafter, the accused also assaulted the informant
and his family members by means of dabiya, rod and knife and
the injured were treated in Sadar Hospital, Motihari.
Patna High Court CR. MISC. No.72073 of 2025(2) dt.11-02-2026
2/3
4. The learned counsel submits that the petitioner has
been falsely implicated in the instant case by the informant. It is
next submitted Nasir Devan along with three others had
approached this Court seeking anticipatory bail by filing
Criminal Miscellaneous No. 64193 of 2024 and the same came
to be allowed by an order dated 23.10.2024. It is further
submitted that this Court while granting the privilege of
anticipatory bail to Nasir Devan and others had considered the
case in detail and on merits, it is further submitted that petitioner
along with Jalaludin and Salaludin is alleged to have assaulted
the informant. It is further submitted that the injury suffered by
the injured has been opined to simple in nature. It is also
submitted that on account of dispute relating to Madarsa, the
occurrence is alleged to have taken place in which both sides
assaulted each other and from side of the petitioner, Piprakothi
P.S. Case No. 171 of 2023 was instituted against the informant
and his side, as such, the instant FIR is a counterblast.
5. Learned A.P.P. for the State opposes the
anticipatory bail application.
6. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the order
dated 23.10.2024 in Criminal Miscellaneous No. 64193 of 2024
Patna High Court CR. MISC. No.72073 of 2025(2) dt.11-02-2026
3/3
the petitioner above-named, in the event of his arrest or
surrender within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned trial court where the case
is pending/successor court in connection with Piprakothi P.S.
Case No. 172 of 2023 subject to the conditions as laid down
under Section 482 (2) of BNSS.
(Satyavrat Verma, J)
Rishabh/-
U T
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