Patna High Court
Aalam @ AlimuddinversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 351(3), 352
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
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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
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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/-
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