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Patna High Court

Aalam @ AlimuddinversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the case was not fit for such relief given the specific assault allegation.

Summary

Petitioner Aalam @ Alimuddin was implicated in a criminal case arising from a land‑dispute‑related incident in which he allegedly assaulted Tauhid with the intention to kill. The prosecution charged him under several sections of the Bharatiya Nyaya Sanhita, 2023, including sections 126(2), 115(2), 118(1), 109, 352, 303(2), 351(2), 351(3), 3(5) and the later‑added 103. The petitioner sought anticipatory bail, asserting that he was falsely implicated, that the injury was simple, and that he has no prior criminal record. The State opposed the bail, stressing the specific allegation of assault with intent to kill. The Court held that the presence of a specific assault allegation makes the case unsuitable for anticipatory bail and therefore rejected the prayer, while allowing the petitioner to apply for regular bail if he surrenders within six weeks.

Issues considered

  • Whether anticipatory bail can be granted when the petitioner is specifically alleged to have committed assault with intent to kill under the Bharatiya Nyaya Sanhita
  • Whether the petitioner’s claim of false implication and lack of criminal antecedent affects the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • assault
  • intent to kill
  • land dispute
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78977 of 2025
                         Arising Out of PS. Case No.-268 Year-2025 Thana- PALASI District- Araria
                 ======================================================
                 Aalam @ Alimuddin S/O Yakub @ Alam @ Md. Alam R/o Vill- Harwa Ward
                 No 11, P.S.- Palasi, Dist.- Araria, Bihar
                                                                     ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Madhav Jha, Advocate
                 For the Opposite Party/s :        Mr.Murli Dhar, A.P.P.
                                                   Ms.Rabia Gulnaz, Advocate
                                                   Ms. Ranjana Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   15-01-2026                      Heard learned counsel for the petitioner and

                   learned APP for the State.

                               2. The petitioner apprehends his arrest in

                   connection with Palasi P.S. Case No. 268 of 2025 instituted

                   for the offences under Sections 126(2), 115(2), 118(1) 109,

                   352, 303(2), 351(2), 351(3), 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023, later Section 103 BNS was added.

                               3. Prosecution case, in short, is that                               on

                   07.07.2025, when informant and his family members were

                   returning home after attending Moharram fair, all the

                   accused persons, including the petitioner assaulted him and

                   his family members.
Patna High Court CR. MISC. No.78977 of 2025(2) dt.15-01-2026
                                            2/3




                      4. Learned counsel for the petitioner submitted that

          the petitioner has falsely been implicated in the present

          case. Learned counsel for the petitioner submitted that the

          allegation against the petitioner is that he has assaulted

          Tauhid, with intention to kill him, but injury was found

          simple in nature. The occurrence took place due to land

          dispute. It has been submitted on behalf of the petitioner

          that the petitioner has no criminal antecedent.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner. There

          is specific allegation against the petitioner that he has

          assaulted Tauhid with intention to kill him.

                       6.     Considering          the     aforesaid   facts   and

          circumstances of the case, since there is specific allegation

          of assault against the petitioner, in my view, this is not a fit

          case for anticipatory bail. Thus, I am not inclined to grant

          anticipatory bail to the petitioner.

                       7. Accordingly, the prayer for grant of anticipatory

          bail to the petitioner is, hereby, rejected.

                       8. However, if the petitioner surrenders before the

          learned court below within a period of six weeks from today
           Patna High Court CR. MISC. No.78977 of 2025(2) dt.15-01-2026
                                                       3/3




                     and prays for regular bail, the same shall be disposed of on

                     its own merit without being prejudiced by this order.



                                           (Rudra Prakash Mishra, J)
manish/-

U


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