Patna High Court
Samir AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the Bhartiya Nyaya Sanhita.
Summary
The petitioners, Samir Alam and Irfan Alam, applied for anticipatory bail fearing arrest in a case (Dighwara P.S. Case No. 253 of 2025) involving multiple offences under the Bhartiya Nyaya Sanhita. The prosecution alleged a scuffle between two groups, resulting in injuries, and claimed the petitioners were part of the armed group. The petitioners contended they were innocent, that the FIR was vague about who assaulted whom, and that they were falsely implicated; one petitioner had a prior criminal case, the other had none. The State opposed the bail, arguing the seriousness of the charges. After hearing both sides, the court decided to grant anticipatory bail, directing the petitioners to surrender within four weeks and to furnish a bail bond of Rs. 10,000 each with two sureties, subject to conditions under Section 482(2) of the Bhartiya Nyaya Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the case
- Whether the allegations in the FIR sufficiently justify denial of bail
Legislation cited
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118(1), 125(a), 125(b), 126(2), 190, 191(2), 191(3), 223, 324(4), 351(2), 352, 482(2), 61(2)
Subjects
- anticipatory bail
- criminal procedure
- Bhartiya Nyaya Sanhita
- Section 482
- FIR
- false implication
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8061 of 2026
Arising Out of PS. Case No.-253 Year-2025 Thana- DIGHWARA District- Saran
======================================================
1. Samir Alam Son of Pappu Quaraishi @ Md. Pappu Hussain @ Md. Haider
@ Pappu Resident of Village - Shankarpur Road, P.S.- Dighwara, District -
Saran at Chapra (Bihar).
2. Irfan @ Irfan Alam Son of Pappu Quaraishi @ Md. Pappu Hussain @ Md.
Haider @ Pappu Resident of Village - Shankarpur Road, P.S.- Dighwara,
District - Saran at Chapra (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioners apprehending their arrest in
connection with Dighwara P.S. Case No. 253 of 2025 instituted
for the offence under Sections 191(2), 191(3), 190, 115(2),
126(2), 118(1), 117(2), 109, 125(b), 125(a), 324(4), 223, 352,
351(2) and 61(2) of Bhartiya Nyaya Sanhita.
3. The case of the prosecution is that due to dispute
among the children, there was a scuffle between two parties and
in that scuffle, certain persons were injured. It is also alleged
that altogether fifteen persons were from one side and eleven
Patna High Court CR. MISC. No.8061 of 2026(2) dt.09-02-2026
2/3
persons were from second side armed with lathi and danda and
they were abusing each other.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have falsely been implicated in this
case. Learned counsel for the petitioners has further submitted
that from perusal of the FIR, it is not clear as to who has
assaulted whom. The name of these petitioners finds in the first
group of persons. There is general and omnibus allegation
against the petitioners. Petitioner no. 1 is having criminal
antecedent of one case and petitioner no. 2 is having no criminal
antecedent.
5. In contra, learned APP appearing for the State has
opposed the prayer of bail of the petitioners.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioners on bail. The
petitioners are directed to surrender in the Court below within a
period of four weeks from today and in the event of their arrest
or surrender in connection with Dighwara P.S. Case No. 253 of
2025, they will be enlarged on bail on furnishing bail bond of
Rs. 10,000/- (Rupees ten thousand) each with two sureties of the
Patna High Court CR. MISC. No.8061 of 2026(2) dt.09-02-2026
3/3
like amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-I, Saran at Chapra subject to the conditions
as laid down under section 482(2) of B.N.S.S,
(Ashok Kumar Pandey, J)
shubham/-
U T
Checking your session…