Created by Fuzzy Cloud

Patna High Court

Jishan Alam @ Md. Jishan Alam @ Md. JishanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, subject to bond and conditions.

Summary

The petitioners, Jishan Alam and Abu Sahma, sought anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a police case (Simraha P.S. Case No. 04 of 2024) that alleged their involvement in assaults causing injuries to two victims, invoking several IPC offences including assault, grievous hurt and attempt to murder. The prosecution alleged that petitioner No.1 assaulted Manzar Alam with an iron rod, while petitioner No.2 assaulted Rabaani, whose injury was described as simple. The petitioners contended that they were falsely implicated and that the injuries were minor, pleading innocence. The State opposed the bail, arguing the seriousness of the charges. After considering the facts, the Court allowed the anticipatory bail, imposing a bond of Rs.10,000 with two sureties and conditions of cooperation with the investigation, and warned that non‑compliance could lead to cancellation of bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC despite the serious nature of the alleged offences under the IPC.

Legislation cited

Subjects

  • anticipatory bail
  • Criminal Procedure Code
  • IPC offences
  • assault
  • bail conditions
  • section 438

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76784 of 2024
                        Arising Out of PS. Case No.-4 Year-2024 Thana- SIMRAHA District- Araria
                 ======================================================
           1.     Jishan Alam @ Md. Jishan Alam @ Md. Jishan S/o Abul Hasan Resident of
                  Mirzapur, ward no 10, PS- Simraha, District- Araria
           2.    Abu Sahma @ Md. Abu Shama S/o Late Abul Kalam Resident of Mirzapur,
                 ward no 10, PS- Simraha, District- Araria

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Md Fazle Karim, Advocate
                 For the Opposite Party/s :       Mr. Ram Naresh Ray, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   09-02-2026                    Heard the learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                    2. The petitioners apprehend arrest in connection with

                   Simraha P.S. Case No. 04 of 2024 instituted under Sections 341, 323,

                   324, 307, 354 (B), 504, 506 and 34 of the IPC.

                                3. As per prosecution case, petitioner no. 1 is said to have

                   assaulted victim Manzar Alam by means of iron rod as a result of

                   which he sustained injury on his head. It is further alleged that

                   petitioner no. 2 and other assaulted victim Rabaani by means of iron

                   rod on his right hand.

                                4. Learned counsel for the petitioner                 submits that

                   petitioner is innocent and has falsely been implicated in the case. The

                   injury caused to the victim Rabbani has been found to be simple in
Patna High Court CR. MISC. No.76784 of 2024(3) dt.09-02-2026
                                            2/3




          nature.

                        5. The learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                        6. Considering the fact and circumstances of the case, the

          anticipatory bail application of the petitioner is allowed.

                        7. Let the petitioners, above-named, in the event of his

          arrest, be released forthwith on bail, on furnishing a bail bond of Rs.

          10,000/- (Rupees Ten Thousand) with two sureties of the like amount

          each, to the satisfaction of the Arresting Officer or Investigating

          Officer or the jurisdictional S.H.O. concerned, in connection with

          Simraha P.S. Case No. 04 of 2024, subject to the conditions as laid

          down under Section 438 (2) of the Cr.P.C./482 of the B.N.S.S. and

          further to the condition that the petitioners shall join investigation

          and shall fully co-operate in the investigation/trial, failing which the

          concerned court below shall be at liberty to cancel the bail bonds of

          the petitioner.

                        8. Needless to state that, if the petitioners fails to abide by

          the terms and conditions, as stated hereinabove, the State shall be at

          liberty to file an appropriate application, before the learned

          concerned court below, for cancellation of bail granted to the

          petitioner.

                        9. The learned counsel for the petitioner, at this juncture,

          has said that the I.O. of the case has been torturing the petitioners

          even after the stay of arrest order was passed by this Court.
             Patna High Court CR. MISC. No.76784 of 2024(3) dt.09-02-2026
                                                         3/3




                                    10. If such is the fact, the petitioners are given liberty to

                       approach Superintendent of Police, Araria with his complaint and he

                       will take proper action against the I.O, if the I.O. has violated the

                       orders of this Court.

                                    11. Let a copy of this order be communicated to the

                       Superintendent of Police, Araria through FAX or e-mail for its

                       compliance.



                                                  (Sandeep Kumar, J)
vashudha/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.