Patna High Court
Mahmud Alam @ Md. AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to a bond and surety conditions under Section 482(2) of the BNSS.
Summary
The petitioners, Mahmud Alam and his three sons, sought anticipatory bail fearing arrest in a case registered under multiple offences of the Bharatiya Nyaya Sanhita. They contended that they have clean antecedents and were falsely implicated by an informant who is the brother of the first petitioner, alleging a property‑related altercation. The informant’s complaint described assaults causing head injuries and a chain theft, but the State’s own case diary noted the injuries as simple. The State opposed bail, while the petitioners assured they would not abscond and would cooperate with the investigation. The Court, after considering the submissions and the nature of the injuries, ordered anticipatory bail subject to a bond of Rs.10,000 with two sureties and compliance with conditions under Section 482(2) of the BNSS. The order was made to be effective for six weeks from the date of the order.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita despite the alleged offences.
- Whether the nature of the alleged injuries and the factual circumstances warrant denial of bail.
- Whether the petitioners are likely to abscond or tamper with evidence.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 117(2), 118(1), 126(5), 303(2), 329(4), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- false implication
- property dispute
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86177 of 2025
Arising Out of PS. Case No.-389 Year-2025 Thana- BAHADURPUR District- Darbhanga
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1. Mahmud Alam @ Md. Alam S/o-Hasim Residents of Village- Dilawarpur,
Post- Milkichak, P.S. Bahadurpur, District- Darbhanga 846009.
2. Md. Sitare S/o- Mahmud Alam Village- Dilawarpur, Post- Milkichak, P.S.
Bahadurpur, District- Darbhanga 846009.
3. Mohammad Imran S/o- Mahmud Alam Village- Dilawarpur, Post-
Milkichak, P.S. Bahadurpur, District- Darbhanga 846009.
4. Md. Ehsan S/o- Mahmud Alam Village- Dilawarpur, Post- Milkichak, P.S.
Bahadurpur, District- Darbhanga 846009.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kanchan Jha
For the Opposite Party/s : Mr.Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 19-02-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(5),
115(2), 117(2), 118(1), 329(4), 303(2), 351(2), 352 and 3(5) of
the Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioners submits that the
petitioners are persons with clean antecedent and the informant
alleges that accused persons including the petitioners came and
on orders of Md. Alam, accused Md. Sitare assaulted the
Patna High Court CR. MISC. No.86177 of 2025(3) dt.19-02-2026
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informant by farsa causing injury on head, thereafter, Md. Alam
assaulted his brother Md. Fakre by gandasa causing injury on
head while Md. Imran assaulted Safi by rod causing injury on
head and Md. Ehsan snatched chain of his wife.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that petitioner no. 1 is own
brother of the informant, while petitioner nos. 2, 3 and 4 are
sons of petitioner no. 1. It is also submitted that dispute relating
to property in between the brothers is brewing, as such an
altercation took place in which both sides assaulted each other.
It is further submitted that no doubt it is alleged that side of the
petitioners assaulted the informant and Md. Fakre, but then the
blow is not alleged to be repeated and the injury suffered by the
injured has been opined to be simple in nature.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners, but then fairly submits after
perusing the case diary that the injury suffered by the injured
has been opined to be simple.
6. At this stage, learned counsel appearing on behalf
of the petitioners submits that petitioners are not criminals and
they will not abscond rather will cooperate in the investigation
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to prove their innocence.
7. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
trial court where the case is pending/successor court in
connection with Bahadurpur P.S. Case No. 389 of 2025 subject to the
conditions as laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
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