Created by Fuzzy Cloud

Patna High Court

Md. Imtiyaz Alam @ Imtiyaz AlamversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to anticipatory bail as the FIR does not specifically implicate him and co‑accused have been released on bail, subject to conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Md. Imtiyaz 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, with the petitioner implicated among fifteen persons on one side. The petitioner’s counsel argued that the FIR contains vague, omnibus allegations and does not clearly identify who assaulted whom, asserting his innocence and noting that similarly situated co‑accused have already been released on bail. The State opposed bail, citing the petitioner’s two prior criminal cases. After hearing both sides, the court decided to grant anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bhartiya Nyaya Sanhita despite the allegations in the FIR and his prior criminal antecedents

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
  • bail conditions
  • Bhartiya Nyaya Sanhita
  • Section 482
  • criminal procedure
  • FIR
  • prior criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8077 of 2026
                       Arising Out of PS. Case No.-253 Year-2025 Thana- DIGHWARA District- Saran
                 ======================================================
                 Md. Imtiyaz Alam @ Imtiyaz Alam S/O Late Panduk Miyan @ Md. Rashid
                 Quraishi @ Rasid Kuraisi 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 petitioner and learned

                   APP for the State.

                                2. The instant application for anticipatory bail has

                   been filed by the petitioner apprehending his 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

                   persons were from second side armed with lathi and danda and
Patna High Court CR. MISC. No.8077 of 2026(2) dt.09-02-2026
                                            2/3




          they were abusing each other.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has falsely been implicated in this

          case. Learned counsel for the petitioner has further submitted

          that from perusal of the FIR, it is not clear as to who has

          assaulted whom. There is general and omnibus allegation

          against the petitioner. Similarly situated co-accused persons

          have already been granted bail by learned co-ordinate Bench of

          this court vide Cr. Misc. No. 68648 of 2025.

                       5. In contra, learned APP appearing for the State has

          opposed the prayer of bail of the petitioner and has submitted

          that petitioner is having criminal antecedent of two cases.

                       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 petitioner on bail. The petitioner

          is directed to surrender in the Court below within a period of

          four weeks from today and in the event of his arrest or surrender

          in connection with Dighwara P.S. Case No. 253 of 2025, he will

          be enlarged on bail on furnishing bail bond of Rs. 10,000/-

          (Rupees ten thousand) with two sureties of the like amount each

          to the satisfaction of learned Additional Chief Judicial
            Patna High Court CR. MISC. No.8077 of 2026(2) dt.09-02-2026
                                                        3/3




                      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


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.