Patna High Court
Md. Imtiyaz Alam @ Imtiyaz AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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
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