Patna High Court
Jishan Alam @ Md. Jishan Alam @ Md. JishanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Negotiable Securities Act — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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.
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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
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